[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2795 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2795
To modernize the regulation of nuclear energy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2016
Mr. Inhofe (for himself, Mr. Booker, Mr. Whitehouse, and Mr. Crapo)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To modernize the regulation of nuclear energy.
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 Innovation and
Modernization Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the safe and secure operation of nuclear reactors in
the United States must remain the paramount focus of the
Nuclear Regulatory Commission;
(2) the existing fleet of nuclear reactors in the United
States is operating safely and securely;
(3) nuclear energy is the largest source of affordable,
reliable, emissions-free energy in the United States, providing
approximately 20 percent of the electricity consumed in the
United States and 60 percent of emissions-free electricity
generation in the United States;
(4) a 1,000-megawatt nuclear plant--
(A) provides approximately 500 permanent jobs;
(B) pays approximately $40,000,000 annually in
wages;
(C) generates approximately $470,000,000 annually
in goods and services in the local community; and
(D) pays approximately $83,000,000 annually in
Federal, State, and local taxes;
(5) nuclear energy is of critical importance to United
States energy security and worldwide influence on
nonproliferation;
(6) nuclear energy uses widely available fuel resources to
enable scientific progress, emissions-free and reliable
electricity generation, heat generation for industrial
applications, and power for deep space exploration;
(7) the private sector, the National Laboratories (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)), and institutions of higher education are
pursuing innovations in nuclear energy technology that will
play a crucial role in--
(A) the future global and United States energy
supply; and
(B) the exports, manufacturing, and economy of the
United States;
(8) eventual deployment of commercial advanced nuclear
reactors will require--
(A) modernizing the regulatory framework; and
(B) making other necessary changes to facilitate
the efficient, predictable, and affordable deployment
of advanced nuclear reactor technologies;
(9) 2 impediments to the commercialization of advanced
nuclear reactors are the high costs and long durations
associated with applying the existing nuclear regulatory
framework to advanced nuclear reactors;
(10) license application reviews should be as predictable
and efficient as practicable without compromising safety or
security;
(11) the existing nuclear regulatory framework and the
requirements of that framework have not adapted to advances in
scientific understanding or the features and performance
characteristics of advanced nuclear reactor designs;
(12) the existing nuclear reactor licensing process does
not provide iterative feedback to manage risk as needed for
typical technology development and investment cycles;
(13) a staged licensing structure that provides clear and
periodic feedback to applicants on an agreed schedule will help
to enable the commercialization of safer and innovative
technologies that will benefit the economy, national security,
and environment of the United States;
(14) a technology-inclusive Commission regulatory framework
will--
(A) allow greater technological innovation; and
(B) enable inventors, scientists, engineers, and
students to pursue licensing advanced reactor concepts;
(15) further preparation by the Commission of the research
and test reactor licensing process will enable the Commission
to more efficiently process applications for research and test
reactors when the applications are received;
(16) it is incumbent on the Commission--
(A) to budget for adequate resources to conduct
licensing reviews and other work requested by licensees
and applicants; and
(B) to preserve those budgeted funds to ensure
responsiveness to licensees and applicants in
recognition of the dependence of the licensees and
applicants on Commission approval before the benefits
of the technology of the licensees and applicants can
be realized; and
(17) both prospective commercial advanced nuclear reactor
applicants and the existing fleet of nuclear reactors in the
United States would benefit from modernizing the outdated fee
recovery structure of the Commission to better manage
fluctuations in workload and the number of licensees in a fair
and equitable manner.
SEC. 3. PURPOSE.
The purpose of this Act is to provide--
(1) a program to develop the expertise and regulatory
processes necessary to allow innovation and the
commercialization of advanced nuclear reactors; and
(2) a revised fee recovery structure to ensure the
availability of resources to meet industry needs without
burdening existing licensees unfairly for inaccurate workload
projections or premature existing reactor closures.
SEC. 4. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means a nuclear fission or fusion reactor, including
a prototype plant (as defined in sections 50.2 and 52.1 of
title 10, Code of Federal Regulations), with significant
improvements over existing commercial nuclear reactors,
including improvements such as--
(A) additional inherent safety features;
(B) lower waste yields;
(C) greater fuel utilization;
(D) enhanced reliability;
(E) increased proliferation resistance;
(F) increased thermal efficiency; or
(G) ability to integrate into electric and
nonelectric applications.
(2) Agreement state.--The term ``Agreement State'' means
any State with which the Commission has entered into an
effective agreement under section 274 b. of the Atomic Energy
Act of 1954 (42 U.S.C. 2021(b)).
(3) Applicant.--The term ``applicant'' means an applicant
for a license, certification, permit, or other form of approval
from the Commission for a commercial advanced nuclear reactor
or a research and test reactor.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Environment and Public Works of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
(5) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(6) Corporate support costs.--The term ``corporate support
costs'' means expenditures for acquisitions, administrative
services, financial management, human resource management,
information management, information technology, policy support,
outreach, and training, as those categories are described and
calculated in Appendix A of the Congressional Budget
Justification for Fiscal Year 2017 of the Commission.
(7) Licensing project plan.--The term ``licensing project
plan'' means a plan that describes--
(A) the interactions between an applicant and the
Commission; and
(B) project schedules and deliverables in specific
detail to support long-range resource planning
undertaken by the Commission and an applicant.
(8) Regulatory framework.--The term ``regulatory
framework'' means the framework for reviewing requests for
certifications, permits, approvals, and licenses for nuclear
power plants.
(9) Requested activity of the commission.--The term
``requested activity of the Commission'' means--
(A) the processing of applications for--
(i) design certifications or approvals;
(ii) licenses;
(iii) permits;
(iv) license amendments;
(v) license renewals;
(vi) certificates of compliance; and
(vii) power uprates; and
(B) any other activity requested by a licensee or
applicant.
(10) Research and test reactor.--
(A) In general.--The term ``research and test
reactor'' means a reactor that--
(i) falls within the licensing and related
regulatory authority of the Commission under
section 202 of the Energy Reorganization Act of
1974 (42 U.S.C. 5842); and
(ii) is useful in the conduct of research
and development activities as licensed under
section 104 c. of the Atomic Energy Act (42
U.S.C. 2134(c)).
(B) Exclusion.--The term ``research and test
reactor'' does not include a commercial advanced
nuclear reactor.
(11) Standard design approval.--The term ``standard design
approval'' means the approval of a final standard design or a
major portion of a final design standard as described in
subpart E of part 52 of title 10, Code of Federal Regulations.
(12) Statement of licensing feasibility.--The term
``statement of licensing feasibility'' means an early-stage
review by the Commission that--
(A) assesses preliminary design information for
consistency with applicable regulatory requirements of
the Commission;
(B) is performed on a set of topic areas agreed to
in the licensing project plan; and
(C) is performed at a cost and schedule agreed to
in the licensing project plan.
(13) Technology-inclusive regulatory framework.--The term
``technology-inclusive regulatory framework'' means a
regulatory framework developed using methods of evaluation that
are flexible and practicable for application to a variety of
reactor technologies, including the use of risk-informed and
performance-based techniques and other tools and methods.
(14) Topical report.--The term ``topical report'' means a
document submitted to the Commission that addresses a technical
topic related to nuclear power plant safety or design.
SEC. 5. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES
THROUGH FISCAL YEAR 2018.
(a) In General.--Section 6101(c)(2)(A) of the Omnibus Budget
Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(v) amounts appropriated to the
Commission for the fiscal year for activities
related to the development of a regulatory
framework for advanced nuclear reactor
technologies, including activities required
under section 7 of the Nuclear Energy
Innovation and Modernization Act.''.
(b) Repeal.--Effective October 1, 2018, section 6101 of the Omnibus
Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.
SEC. 6. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES FOR
FISCAL YEAR 2019 AND EACH FISCAL YEAR THEREAFTER.
(a) Annual Budget Justification.--
(1) In general.--In the annual budget justification
submitted by the Commission to Congress, the Commission shall
expressly identify anticipated expenditures necessary for
completion of the requested activities of the Commission
anticipated to occur during the applicable fiscal year.
(2) Restriction.--Budget authority granted to the
Commission for purposes of the requested activities of the
Commission shall be used solely for conducting requested
activities of the Commission.
(3) Limitation on corporate support costs.--With respect to
the annual budget justification submitted to Congress,
corporate support costs, to the maximum extent practicable,
shall not exceed the following percentages of the total budget
authority of the Commission requested in the annual budget
justification:
(A) 30 percent for each of fiscal years 2019 and
2020.
(B) 29 percent for each of fiscal years 2021 and
2022.
(C) 28 percent for fiscal year 2023 and each fiscal
year thereafter.
(b) Fees and Charges.--
(1) Annual assessment.--
(A) In general.--Each fiscal year, the Commission
shall assess and collect fees and charges in accordance
with paragraphs (2) and (3) in a manner that ensures
that, to the maximum extent practicable, the amount
collected is equal to an amount that approximates--
(i) the total budget authority of the
Commission for that fiscal year; less
(ii) the budget authority of the Commission
for the activities described in subparagraph
(B).
(B) Excluded activities described.--The activities
referred to in subparagraph (A)(ii) are the following:
(i) An activity not attributable to an
existing NRC licensee or class of licensee,
including those activities identified by the
Commission in Table III of the final rule of
the Commission entitled ``Revision of Fee
Schedules; Fee Recovery for Fiscal Year 2015''
(80 Fed. Reg. 37432 (June 30, 2015)).
(ii) Amounts appropriated for a fiscal year
to the Commission--
(I) from the Nuclear Waste Fund
established under section 302(c) of the
Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c));
(II) for implementation of section
3116 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal
Year 2005 (50 U.S.C. 2601 note; Public
Law 108-375);
(III) for the homeland security
activities of the Commission (other
than for the costs of fingerprinting
and background checks required under
section 149 of the Atomic Energy Act of
1954 (42 U.S.C. 2169) and the costs of
conducting security inspections);
(IV) for the Inspector General
services of the Commission provided to
the Defense Nuclear Facilities Safety
Board; and
(V) for any other fee-relief
activity described in the final rule of
the Commission entitled ``Revision of
Fee Schedules; Fee Recovery for Fiscal
Year 2015'' (80 Fed. Reg. 37432 (June
30, 2015)).
(iii) Costs for activities related to the
development of regulatory infrastructure for
advanced nuclear reactor technologies,
including activities required under section 7.
(C) Exception.--The exclusion described in
subparagraph (B)(iii) shall cease to be effective on
January 1, 2030.
(D) Report.--Not later than December 31, 2028, the
Commission shall submit to the Committee on
Appropriations and the Committee on Environment and
Public Works of the Senate and the Committee on
Appropriations and the Committee on Energy and Commerce
of the House of Representatives a report describing the
views of the Commission on the continued
appropriateness and necessity of the funding described
in subparagraph (B)(iii).
(2) Fees for service or thing of value.--In accordance with
section 9701 of title 31, United States Code, the Commission
shall charge fees to any person who receives a service or thing
of value from the Commission to cover the costs to the
Commission of providing the service or thing of value.
(3) Annual fees.--
(A) In general.--Subject to subparagraph (B) and
except as provided in subparagraph (D), the Commission
may charge to any licensee or certificate holder of the
Commission an annual fee.
(B) Cap on annual fees of certain licensees.--
(i) In general.--The annual fee under
subparagraph (A) charged to an operating
reactor licensee shall not exceed the annual
fee amount per operating reactor licensee
established in the final rule of the Commission
entitled ``Revision of Fee Schedules; Fee
Recovery for Fiscal Year 2015'' (80 Fed. Reg.
37432 (June 30, 2015)), as may be adjusted
annually by the Commission to reflect changes
in the Consumer Price Index published by the
Bureau of Labor Statistics of the Department of
Labor.
(ii) Waiver.--If the Commission determines
that the annual fee cap described in clause (i)
may compromise the safety and security missions
of the Commission, the Commission shall--
(I) notify the Committee on
Appropriations and the Committee on
Environment and Public Works of the
Senate and the Committee on
Appropriations and the Committee on
Energy and Commerce of the House of
Representatives of the determination,
including a detailed explanation of the
cause and circumstances; and
(II) request from Congress a 1-year
waiver of the cap.
(C) Amount per licensee.--
(i) In general.--The Commission shall
establish by rule a schedule of fees fairly and
equitably allocating the aggregate amount of
charges described in subparagraph (A) among
licensees and certificate holders.
(ii) Requirement.--The schedule of fees
under clause (i)--
(I) to the maximum extent
practicable, shall be based on the cost
of providing regulatory services; and
(II) may be based on the allocation
of the resources of the Commission
among licensees or certificate holders
or classes of licensees or certificate
holders.
(D) Exemption.--
(i) Definition of research reactor.--In
this subparagraph, the term ``research
reactor'' means a nuclear reactor that--
(I) is licensed by the Commission
under section 104 c. of the Atomic
Energy Act of 1954 (42 U.S.C. 2134(c))
for operation at a thermal power level
of not more than 10 megawatts; and
(II) if licensed under subclause
(I) for operation at a thermal power
level of more than 1 megawatt, does not
contain--
(aa) a circulating loop
through the core in which the
licensee conducts fuel
experiments;
(bb) a liquid fuel loading;
or
(cc) an experimental
facility in the core in excess
of 16 square inches in cross-
section.
(ii) Exemption.--Subparagraph (A) shall not
apply to the holder of any license for a
federally owned research reactor used primarily
for educational training and academic research
purposes.
(c) Performance and Reporting.--
(1) In general.--The Commission shall develop for the
requested activities of the Commission--
(A) performance metrics; and
(B) on each request, milestone schedules.
(2) Delays in issuance of final safety evaluation.--The
Executive Director for Operations of the Commission shall
inform the Commission of a delay in issuance of the final
safety evaluation for a requested activity of the Commission by
the completion date required by the performance metrics or
milestone schedule under paragraph (1) by not later than 30
days after the completion date.
(3) Delays in issuance of final safety evaluation exceeding
180 days.--If the final safety evaluation for the requested
activity of the Commission described in paragraph (2) is not
completed by the date that is 180 days after the completion
date required by the performance metrics or milestone schedule
under paragraph (1), the Commission shall submit to the
appropriate congressional committees a timely report describing
the delay, including a detailed explanation accounting for the
delay and a plan for timely completion of the final safety
evaluation.
(d) Accurate Invoicing.--With respect to invoices for fees and
charges described in subsection (b)(2), the Commission shall--
(1) ensure appropriate management review and concurrence
prior to the issuance of invoices;
(2) develop and implement processes to audit invoices to
ensure accuracy, transparency, and fairness; and
(3) modify regulations to ensure fair and appropriate
processes to provide licensees and applicants an opportunity to
efficiently dispute or otherwise seek review and correction of
errors in invoices for fees and charges.
(e) Report.--Not later than September 30, 2020, the Commission
shall submit to the Committee on Appropriations and the Committee on
Environment and Public Works of the Senate and the Committee on
Appropriations and the Committee on Energy and Commerce of the House of
Representatives a report describing the implementation of this section,
including any impacts and recommendations for improvement.
(f) Effective Date.--This section takes effect on October 1, 2018.
SEC. 7. ADVANCED NUCLEAR REACTOR PROGRAM.
(a) Licensing of Commercial Advanced Nuclear Reactors.--
(1) Staged licensing.--For the purpose of predictable,
efficient, and timely reviews, not later than 2 years after the
date of enactment of this Act, the Commission shall develop and
implement, within the existing regulatory framework, strategies
for--
(A) establishing stages in the licensing process
for commercial advanced nuclear reactors; and
(B) developing procedures and processes for--
(i) using a licensing project plan; and
(ii) optional use of a statement of
licensing feasibility.
(2) Risk-informed licensing.--Not later than 2 years after
the date of enactment of this Act, the Commission shall develop
and implement strategies for the increased use of risk-
informed, performance-based licensing evaluation techniques and
guidance for commercial advanced nuclear reactors within
existing regulatory frameworks, including evaluation techniques
and guidance for the resolution of the following:
(A) Applicable policy issues identified during the
course of review by the Commission of a commercial
advanced nuclear reactor licensing application.
(B) The issues described in SECY-93-092 and SECY-
15-077, including--
(i) licensing basis event selection and
evaluation;
(ii) source terms;
(iii) containment performance; and
(iv) emergency preparedness.
(3) Research and test reactor licensing.--For the purpose
of predictable, efficient, and timely reviews, not later than 2
years after the date of enactment of this Act, the Commission
shall develop and implement strategies to prepare an
appropriate regulatory framework for licensing research and
test reactors, including the issuance of guidance.
(4) Technology-inclusive regulatory framework.--Not later
than December 31, 2023, the Commission shall complete a
rulemaking to establish a technology-inclusive, regulatory
framework for optional use by commercial advanced nuclear
reactor applicants for new reactor license applications.
(5) Training and expertise.--As soon as practicable after
the date of enactment of this Act, the Commission shall provide
for staff training or the hiring of experts, as necessary--
(A) to support the activities described in
paragraphs (1) through (4); and
(B) to support preparations--
(i) to conduct pre-application
interactions; and
(ii) to review commercial advanced nuclear
reactor license applications.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Commission to carry out this
subsection such sums as are necessary.
(b) Plan To Establish Stages in the Commercial Advanced Nuclear
Reactor Licensing Process.--
(1) Plan required.--Not later than 180 days after the date
of enactment of this Act, the Commission shall submit to the
appropriate congressional committees a plan for expediting and
establishing stages in the licensing process for commercial
advanced nuclear reactors that will allow implementation of the
licensing process by not later than 2 years after the date of
enactment of this Act (referred to in this subsection as the
``plan'').
(2) Coordination and stakeholder input.--In developing the
plan, the Commission shall seek input from the Secretary of
Energy, the nuclear energy industry, a diverse set of
technology developers, and other public stakeholders.
(3) Cost and schedule estimates.--The plan shall include
proposed cost estimates, budgets, and timeframes for
implementing strategies to establish stages in the licensing
process for commercial advanced nuclear reactor technologies.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the plan shall evaluate--
(A)(i) the unique aspects of commercial advanced
nuclear reactor licensing, including the use of
alternative coolants or alternative fuels, operation at
or near atmospheric pressure, and the use of passive
safety strategies; and
(ii) for the purposes of predictable, efficient,
and timely reviews, any associated legal, regulatory,
and policy issues the Commission should address with
regard to the licensing of commercial advanced nuclear
reactor technologies;
(B) options for licensing commercial advanced
nuclear reactors under the regulations of the
Commission contained in title 10, Code of Federal
Regulations (as in effect on the date of enactment of
this Act), including--
(i) the development and use under the
regulatory framework of the Commission in
effect on the date of enactment of this Act of
a licensing project plan that could establish--
(I) milestones that--
(aa) correspond to stages
of a licensing process for the
specific situation of a
commercial advanced nuclear
reactor project; and
(bb) use knowledge of the
ability of the Commission to
review certain design aspects;
and
(II) guidelines defining the roles
and responsibilities between the
Commission and the applicant at the
onset of the interaction--
(aa) to provide the
foundation for effective
communication and effective
project management; and
(bb) to ensure efficient
progress and rapid resolution
of conflicts;
(ii) the use of topical reports, standard
design approval, and other appropriate
mechanisms as tools to introduce stages into
the commercial advanced nuclear reactor
licensing process, including how the licensing
project plan might structure the use of those
mechanisms;
(iii) collaboration with standards-setting
organizations to identify specific technical
areas for which new or updated standards are
needed and providing assistance if appropriate
to ensure the new or updated standards are
developed and finalized in a timely fashion;
(iv) the incorporation of consensus-based
codes and standards developed under clause
(iii) into the regulatory framework--
(I) to provide predictability for
the regulatory processes of the
Commission; and
(II) to ensure timely completion of
specific licensing actions;
(v) the development of a process for, and
the use of, statements of licensing
feasibility; and
(vi) identification of any policies and
guidance for staff that will be needed to
implement clauses (i) and (ii);
(C) options for improving the efficiency,
timeliness, and cost-effectiveness of licensing reviews
of commercial advanced nuclear reactors, including
opportunities to minimize the delays that may result
from any necessary amendment or supplement to an
application;
(D) options for improving the predictability of the
commercial advanced nuclear reactor licensing process,
including the evaluation of opportunities to improve
the process by which application review milestones are
established and met; and
(E) the extent to which Commission action or
modification of policy is needed to implement any part
of the plan.
(c) Plan To Increase the Use of Risk-Informed and Performance-Based
Evaluation Techniques and Regulatory Guidance.--
(1) Plan required.--Not later than 180 days after the date
of enactment of this Act, the Commission shall submit to the
appropriate congressional committees a plan for increasing the
use of risk-informed and performance-based evaluation
techniques and regulatory guidance in licensing commercial
advanced nuclear reactors within the existing regulatory
framework (referred to in this subsection as the ``plan'').
(2) Coordination and stakeholder input.--In developing the
plan, the Commission shall seek input from the Secretary of
Energy, the nuclear energy industry, technology developers, and
other public stakeholders.
(3) Cost and schedule estimate.--The plan shall include
proposed cost estimates, budgets, and timeframes for
implementing a strategy to increase the use of risk-informed
and performance-based evaluation techniques and regulatory
guidance in licensing commercial advanced nuclear reactors.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the plan shall evaluate--
(A) the ability of the Commission to develop and
implement risk-informed and performance-based licensing
evaluation techniques and guidance for commercial
advanced nuclear reactors within existing regulatory
frameworks not later than 2 years after the date of
enactment of this Act, including policies and guidance
for the resolution of--
(i) issues relating to--
(I) licensing basis event selection
and evaluation;
(II) use of mechanistic source
terms;
(III) containment performance; and
(IV) emergency preparedness; and
(ii) other policy issues previously
identified; and
(B) the extent to which Commission action is needed
to implement any part of the plan.
(d) Plan To Complete a Rulemaking To Establish a Technology-
Inclusive Regulatory Framework for Optional Use by Commercial Advanced
Nuclear Reactor Technologies in New Reactor License Applications.--
(1) Plan required.--Not later than 18 months after the date
of enactment of this Act, the Commission shall submit to the
appropriate congressional committees a plan for completing a
rulemaking to establish a technology-inclusive regulatory
framework for optional use by applicants in licensing
commercial advanced nuclear reactor technologies in new reactor
license applications (referred to in this subsection as the
``plan'').
(2) Coordination and stakeholder input.--In developing the
plan, the Commission shall seek input from the Secretary of
Energy, the nuclear energy industry, a diverse set of
technology developers, and other public stakeholders.
(3) Cost and schedule estimate.--The plan shall include
proposed cost estimates, budgets, and timeframes for developing
and implementing a technology-inclusive regulatory framework
for licensing commercial advanced nuclear reactor technologies,
including completion of a rulemaking.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the plan shall evaluate--
(A) the ability of the Commission to complete a
rulemaking to establish a technology-inclusive
regulatory framework for licensing commercial advanced
nuclear reactor technologies by December 31, 2023; and
(B) the extent to which additional legislation, or
Commission action or modification of policy, is needed
to implement any part of the plan.
(e) Plan To Prepare the Research and Test Reactor Licensing
Process.--
(1) Plan required.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate congressional committees a plan for preparing the
licensing process for research and test reactors (referred to
in this subsection as the ``plan'').
(2) Coordination and stakeholder input.--In developing the
plan, the Commission shall seek input from the Secretary of
Energy, the nuclear energy industry, a diverse set of
technology developers, and other public stakeholders.
(3) Cost and schedule estimates.--The plan shall include
proposed cost estimates, budgets, and timeframes for preparing
the licensing process for research and test reactors.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the plan shall evaluate--
(A) the unique aspects of research and test reactor
licensing and any associated legal, regulatory, and
policy issues the Commission should address to prepare
the licensing process for research and test reactors;
(B) the feasibility of developing guidelines for
advanced reactor demonstrations to support the review
process for advanced reactor designs, including designs
that use alternative coolants or alternative fuels,
operate at or near atmospheric pressure, and use
passive safety strategies; and
(C) the extent to which Commission action or
modification of policy is needed to implement any part
of the plan.
(f) Plan To Enhance Commission Expertise Relating to Advanced
Nuclear Reactor Technologies.--
(1) Plan required.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate congressional committees a plan for ensuring that
the Commission has adequate expertise, modeling, and simulation
capabilities, or access to those capabilities, to support the
evaluation of licensing applications for commercial advanced
nuclear reactors and research and test reactors, including
applications that use alternative coolants or alternative
fuels, operate at or near atmospheric pressure, and use passive
safety strategies (referred to in this subsection as the
``plan'').
(2) Cost and schedule estimates.--The plan shall include
proposed cost estimates, budgets, and timeframes for acquiring
or accessing the necessary expertise to support the evaluation
of license applications for commercial advanced nuclear
reactors and research and test reactors.
(3) Annual updates to plan.--The Commission shall--
(A) update the plan on an annual basis; and
(B) submit for review to the appropriate
congressional committees the updated plan.
SEC. 8. HEARINGS UNDER ATOMIC ENERGY ACT OF 1954.
(a) In General.--Section 189 of the Atomic Energy Act of 1954 (42
U.S.C. 2239) is amended--
(1) in subsection a.--
(A) in paragraph (1)(A), by striking the second and
third sentences and inserting the following: ``On each
application under section 103 or 104 b. for a
construction permit or an operating license, on
application under section 104 c. for a construction
permit or an operating license for a testing facility,
and on application for an amendment to a construction
permit or an operating license under those sections,
the Commission may, in the absence of a request for a
hearing by any person whose interest may be affected
and after 30-day notice and publication of notice in
the Federal Register, issue a construction permit, an
operating license, or an amendment to a construction
permit or an operating license without a hearing.'';
and
(B) in paragraph (2)(A), in the second sentence, by
striking ``required hearing'' and inserting ``hearing
held by the Commission under this section''; and
(2) in subsection b. (2), by striking ``to begin
operating'' and inserting ``to operate''.
(b) Conforming Amendments.--
(1) Section 185 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2235(b)) is amended in the first sentence by striking
``After holding a public hearing under section 189 a. (1)(A),''
and inserting ``After holding a hearing under section 189 a.
(1)(A), or as soon as practicable if the Commission has
determined that no hearing is required to be held under that
section,''.
(2) Section 193(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2243(b)) is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--The Commission shall conduct a single
adjudicatory hearing if a person whose interest may be affected
by the construction and operation of a facility under sections
53 and 63 has requested a hearing regarding the licensing of
the construction and operation of the facility.''; and
(B) in paragraph (2), by striking ``Such hearing''
and inserting ``If a hearing is held under paragraph
(1), the hearing''.
(c) Effect.--The amendments made by this section shall apply to all
applications and proceedings pending before the Commission on or after
the date of enactment of this Act.
SEC. 9. ADVANCED NUCLEAR ENERGY LICENSING COST-SHARE GRANT PROGRAM.
(a) Establishment.--The Secretary of Energy (referred to in this
section as the ``Secretary'') shall establish a grant program to be
known as the ``Advanced Nuclear Energy Cost-Share Grant Program''
(referred to in this section as the ``program''), under which the
Secretary shall make cost-share grants to applicants for the purpose of
funding a portion of the Commission fees of the applicant for pre-
application and application review activities.
(b) Requirement.--The Secretary shall seek out technology diversity
in making grants under the program.
(c) Cost-Share Amount.--The Secretary shall determine the cost-
share amount for each grant.
(d) Use of Funds.--Recipients of grants under the program may use
the grant funds to cover Commission fees, including those fees
associated with--
(1) developing a licensing project plan;
(2) obtaining a statement of licensing feasibility;
(3) reviewing topical reports; and
(4) other pre-application and application review activities
and interactions with the Commission.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
are necessary.
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