[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Reported in Senate (RS)]
<DOC>
Calendar No. 108
115th CONGRESS
1st Session
S. 512
[Report No. 115-86]
To modernize the regulation of nuclear energy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2017
Mr. Barrasso (for himself, Mr. Whitehouse, Mr. Inhofe, Mr. Booker, Mr.
Crapo, Mrs. Fischer, Mrs. Capito, Mr. Manchin, Mr. Casey, Ms.
Duckworth, Mr. Flake, Mr. Carper, Mr. Rounds, Mr. Coons, Mr. Cornyn,
Mr. Hatch, and Mr. Peters) introduced the following bill; which was
read twice and referred to the Committee on Environment and Public
Works
May 25, 2017
Reported by Mr. Barrasso, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Nuclear
Energy Innovation and Modernization Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Purpose.
<DELETED>Sec. 4. Definitions.
<DELETED>TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES
<DELETED>Sec. 101. Nuclear Regulatory Commission user fees and annual
charges through fiscal year 2019.
<DELETED>Sec. 102. Nuclear Regulatory Commission user fees and annual
charges for fiscal year 2020 and each
fiscal year thereafter.
<DELETED>Sec. 103. Advanced nuclear reactor program.
<DELETED>Sec. 104. Advanced nuclear energy licensing cost-share grant
program.
<DELETED>Sec. 105. Baffle-former bolt guidance.
<DELETED>Sec. 106. Evacuation report.
<DELETED>TITLE II--URANIUM
<DELETED>Sec. 201. Uranium recovery report.
<DELETED>Sec. 202. Pilot program for uranium recovery fees.
<DELETED>Sec. 203. Uranium transfers and sales.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the safe and secure operation of nuclear
reactors in the United States must remain the paramount focus
of the Nuclear Regulatory Commission;</DELETED>
<DELETED> (2) the existing fleet of nuclear reactors in the
United States is operating safely and securely;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) a 1,000-megawatt nuclear plant--</DELETED>
<DELETED> (A) provides approximately 500 permanent
jobs;</DELETED>
<DELETED> (B) pays approximately $40,000,000
annually in wages;</DELETED>
<DELETED> (C) generates approximately $470,000,000
annually in goods and services in the local community;
and</DELETED>
<DELETED> (D) pays approximately $83,000,000
annually in Federal, State, and local taxes;</DELETED>
<DELETED> (5) nuclear energy is of critical importance to
United States energy security and worldwide influence on
nonproliferation;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the future global and United States
energy supply; and</DELETED>
<DELETED> (B) the exports, manufacturing, and
economy of the United States;</DELETED>
<DELETED> (8) eventual deployment of commercial advanced
nuclear reactors will require--</DELETED>
<DELETED> (A) modernizing the regulatory framework;
and</DELETED>
<DELETED> (B) making other necessary changes to
facilitate the efficient, predictable, and affordable
deployment of advanced nuclear reactor
technologies;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (10) license application reviews should be as
predictable and efficient as practicable without compromising
safety or security;</DELETED>
<DELETED> (11) the development of advanced nuclear reactors
would benefit from the early identification of policy issues
for timely consideration and resolution by the Commission to
improve the efficient development of designs as well as
preparing for design review and licensing;</DELETED>
<DELETED> (12) 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;</DELETED>
<DELETED> (13) the existing nuclear reactor licensing
process does not provide iterative feedback to manage risk as
needed for typical technology development and investment
cycles;</DELETED>
<DELETED> (14) 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;</DELETED>
<DELETED> (15) a technology-inclusive Commission regulatory
framework will--</DELETED>
<DELETED> (A) allow greater technological
innovation; and</DELETED>
<DELETED> (B) enable inventors, scientists,
engineers, and students to pursue licensing advanced
reactor concepts;</DELETED>
<DELETED> (16) 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;</DELETED>
<DELETED> (17) it is incumbent on the Commission--</DELETED>
<DELETED> (A) to budget appropriate resources to
undertake an active role in design familiarization
activities with potential applicants with advanced
reactor designs;</DELETED>
<DELETED> (B) to budget for adequate resources to
conduct licensing reviews and other work requested by
licensees and applicants; and</DELETED>
<DELETED> (C) 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</DELETED>
<DELETED> (18) both prospective 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.</DELETED>
<DELETED>SEC. 3. PURPOSE.</DELETED>
<DELETED> The purpose of this Act is to provide--</DELETED>
<DELETED> (1) a program to develop the expertise and
regulatory processes necessary to allow innovation and the
commercialization of advanced nuclear reactors;</DELETED>
<DELETED> (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;
and</DELETED>
<DELETED> (3) more efficient regulation of uranium
recovery.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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 (as in effect on
the date of enactment of this Act)), with significant
improvements compared to commercial nuclear reactors under
construction as of the date of enactment of this Act, including
improvements such as--</DELETED>
<DELETED> (A) additional inherent safety
features;</DELETED>
<DELETED> (B) significantly lower levelized cost of
electricity;</DELETED>
<DELETED> (C) lower waste yields;</DELETED>
<DELETED> (D) greater fuel utilization;</DELETED>
<DELETED> (E) enhanced reliability;</DELETED>
<DELETED> (F) increased proliferation
resistance;</DELETED>
<DELETED> (G) increased thermal efficiency;
or</DELETED>
<DELETED> (H) ability to integrate into electric and
nonelectric applications.</DELETED>
<DELETED> (2) Advanced nuclear reactor fuel.--The term
``advanced nuclear reactor fuel'' means fuel for use in an
advanced nuclear reactor or a research and test reactor,
including fuel with a low uranium enrichment level of not
greater than 20 percent.</DELETED>
<DELETED> (3) 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)).</DELETED>
<DELETED> (4) 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.</DELETED>
<DELETED> (5) 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.</DELETED>
<DELETED> (6) Commission.--The term ``Commission'' means the
Nuclear Regulatory Commission.</DELETED>
<DELETED> (7) Conceptual design assessment.--The term
``conceptual design assessment'' means an early-stage review by
the Commission that--</DELETED>
<DELETED> (A) assesses preliminary design
information for consistency with applicable regulatory
requirements of the Commission;</DELETED>
<DELETED> (B) is performed on a set of topic areas
agreed to in the licensing project plan; and</DELETED>
<DELETED> (C) is performed at a cost and schedule
agreed to in the licensing project plan.</DELETED>
<DELETED> (8) 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.</DELETED>
<DELETED> (9) Licensing project plan.--The term ``licensing
project plan'' means a plan that describes--</DELETED>
<DELETED> (A) the interactions between an applicant
and the Commission; and</DELETED>
<DELETED> (B) project schedules and deliverables in
specific detail to support long-range resource planning
undertaken by the Commission and an
applicant.</DELETED>
<DELETED> (10) Regulatory framework.--The term ``regulatory
framework'' means the framework for reviewing requests for
certifications, permits, approvals, and licenses for nuclear
power plants.</DELETED>
<DELETED> (11) Requested activity of the commission.--The
term ``requested activity of the Commission'' means--</DELETED>
<DELETED> (A) the processing of applications for--
</DELETED>
<DELETED> (i) design certifications or
approvals;</DELETED>
<DELETED> (ii) licenses;</DELETED>
<DELETED> (iii) permits;</DELETED>
<DELETED> (iv) license amendments;</DELETED>
<DELETED> (v) license renewals;</DELETED>
<DELETED> (vi) certificates of compliance;
and</DELETED>
<DELETED> (vii) power uprates; and</DELETED>
<DELETED> (B) any other activity requested by a
licensee or applicant.</DELETED>
<DELETED> (12) Research and test reactor.--</DELETED>
<DELETED> (A) In general.--The term ``research and
test reactor'' means a reactor that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (B) Exclusion.--The term ``research and
test reactor'' does not include a commercial advanced
nuclear reactor.</DELETED>
<DELETED> (13) Secretary.--The term ``Secretary'' means the
Secretary of Energy.</DELETED>
<DELETED> (14) 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 (as in effect on the date of enactment of
this Act).</DELETED>
<DELETED> (15) 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, where appropriate, the use of
risk-informed and performance-based techniques and other tools
and methods.</DELETED>
<DELETED> (16) 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.</DELETED>
<DELETED>TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES</DELETED>
<DELETED>SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL
CHARGES THROUGH FISCAL YEAR 2019.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in clause (iii), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in clause (iv), by striking the period at the
end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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 103 of the Nuclear Energy
Innovation and Modernization Act.''.</DELETED>
<DELETED> (b) Repeal.--Effective October 1, 2019, section 6101 of
the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is
repealed.</DELETED>
<DELETED>SEC. 102. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL
CHARGES FOR FISCAL YEAR 2020 AND EACH FISCAL YEAR
THEREAFTER.</DELETED>
<DELETED> (a) Annual Budget Justification.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Restriction.--Budget authority granted to the
Commission for purposes of the requested activities of the
Commission shall be used, to the maximum extent practicable,
solely for conducting requested activities of the
Commission.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) 30 percent for each of fiscal years
2020 and 2021.</DELETED>
<DELETED> (B) 29 percent for each of fiscal years
2022 and 2023.</DELETED>
<DELETED> (C) 28 percent for fiscal year 2024 and
each fiscal year thereafter.</DELETED>
<DELETED> (b) Fees and Charges.--</DELETED>
<DELETED> (1) Annual assessment.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the total budget authority of
the Commission for that fiscal year;
less</DELETED>
<DELETED> (ii) the budget authority of the
Commission for the activities described in
subparagraph (B).</DELETED>
<DELETED> (B) Excluded activities described.--The
activities referred to in subparagraph (A)(ii) are the
following:</DELETED>
<DELETED> (i) An activity not attributable
to an existing NRC licensee or class of
licensee as 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)).</DELETED>
<DELETED> (ii) Amounts appropriated for a
fiscal year to the Commission--</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (IV) for the Inspector
General services of the Commission
provided to the Defense Nuclear
Facilities Safety Board;</DELETED>
<DELETED> (V) for research and
development at universities in areas
relevant to the mission of the
applicable university;</DELETED>
<DELETED> (VI) for a nuclear science
and engineering grant program that will
support multiyear projects that do not
align with programmatic missions but
are critical to maintaining the
discipline of nuclear science and
engineering; and</DELETED>
<DELETED> (VII) 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)).</DELETED>
<DELETED> (iii) Costs for activities related
to the development of regulatory infrastructure
for advanced nuclear reactor technologies,
including activities required under section
103.</DELETED>
<DELETED> (C) Exception.--The exclusion described in
subparagraph (B)(iii) shall cease to be effective on
January 1, 2031.</DELETED>
<DELETED> (D) Report.--Not later than December 31,
2029, 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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Annual fees.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Cap on annual fees of certain
licensees.--</DELETED>
<DELETED> (i) In general.--The annual fee
under subparagraph (A) charged to an operating
reactor licensee, to the maximum extent
practicable, 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.</DELETED>
<DELETED> (ii) Waiver.--The Commission may
waive, for a period of 1 year, the cap on
annual fees described in clause (i) if the
Commission submits 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 written determination that
the cap on annual fees may compromise the
safety and security mission of the
Commission.</DELETED>
<DELETED> (C) Amount per licensee.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Requirement.--The schedule of
fees under clause (i)--</DELETED>
<DELETED> (I) to the maximum extent
practicable, shall be based on the cost
of providing regulatory services;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Exemption.--</DELETED>
<DELETED> (i) Definition of research
reactor.--In this subparagraph, the term
``research reactor'' means a nuclear reactor
that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (II) if licensed under
subclause (I) for operation at a
thermal power level of more than 1
megawatt, does not contain--</DELETED>
<DELETED> (aa) a circulating
loop through the core in which
the licensee conducts fuel
experiments;</DELETED>
<DELETED> (bb) a liquid fuel
loading; or</DELETED>
<DELETED> (cc) an
experimental facility in the
core in excess of 16 square
inches in cross-
section.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Performance and Reporting.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commission shall develop for
the requested activities of the Commission--</DELETED>
<DELETED> (A) performance metrics; and</DELETED>
<DELETED> (B) on each request, milestone
schedules.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Accurate Invoicing.--With respect to invoices for fees
and charges described in subsection (b)(2), the Commission shall--
</DELETED>
<DELETED> (1) ensure appropriate management review and
concurrence prior to the issuance of invoices;</DELETED>
<DELETED> (2) develop and implement processes to audit
invoices to ensure accuracy, transparency, and fairness;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Report.--Not later than September 30, 2021, 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.</DELETED>
<DELETED> (f) Effective Date.--Except as provided in subsection (c),
this section takes effect on October 1, 2019.</DELETED>
<DELETED>SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.</DELETED>
<DELETED> (a) Licensing of Commercial Advanced Nuclear Reactors.--
</DELETED>
<DELETED> (1) Staged licensing.--For the purpose of
predictable, efficient, and timely reviews, not later than 270
days after the date of enactment of this Act, the Commission
shall develop and implement, within the existing regulatory
framework, strategies for--</DELETED>
<DELETED> (A) establishing stages in the licensing
process for commercial advanced nuclear reactors;
and</DELETED>
<DELETED> (B) developing procedures and processes
for--</DELETED>
<DELETED> (i) using a licensing project
plan; and</DELETED>
<DELETED> (ii) optional use of a conceptual
design assessment.</DELETED>
<DELETED> (2) Risk-informed licensing.--Not later than 2
years after the date of enactment of this Act, the Commission
shall develop and implement, where appropriate, 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:</DELETED>
<DELETED> (A) Applicable policy issues identified
during the course of review by the Commission of a
commercial advanced nuclear reactor licensing
application.</DELETED>
<DELETED> (B) The issues described in SECY-93-092
and SECY-15-077, including--</DELETED>
<DELETED> (i) licensing basis event
selection and evaluation;</DELETED>
<DELETED> (ii) source terms;</DELETED>
<DELETED> (iii) containment performance;
and</DELETED>
<DELETED> (iv) emergency
preparedness.</DELETED>
<DELETED> (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 within the
existing regulatory framework for licensing research and test
reactors, including the issuance of guidance.</DELETED>
<DELETED> (4) Technology-inclusive regulatory framework.--
Not later than December 31, 2024, 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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to support the activities described in
paragraphs (1) through (4); and</DELETED>
<DELETED> (B) to support preparations--</DELETED>
<DELETED> (i) to conduct pre-application
interactions; and</DELETED>
<DELETED> (ii) to review commercial advanced
nuclear reactor license applications.</DELETED>
<DELETED> (6) Authorization of appropriations.--There are
authorized to be appropriated to the Commission to carry out
this subsection such sums as are necessary.</DELETED>
<DELETED> (b) Report To Establish Stages in the Commercial Advanced
Nuclear Reactor Licensing Process.--</DELETED>
<DELETED> (1) Report required.--Not later than 180 days
after the date of enactment of this Act, the Commission shall
submit to the appropriate congressional committees a report 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 ``report'').</DELETED>
<DELETED> (2) Coordination and stakeholder input.--In
developing the report, the Commission shall seek input from the
Secretary, the nuclear energy industry, a diverse set of
technology developers, and other public stakeholders.</DELETED>
<DELETED> (3) Cost and schedule estimates.--The report shall
include proposed cost estimates, budgets, and timeframes for
implementing strategies to establish stages in the licensing
process for commercial advanced nuclear reactor
technologies.</DELETED>
<DELETED> (4) Required evaluations.--Consistent with the
role of the Commission in protecting public health and safety
and common defense and security, the report shall evaluate--
</DELETED>
<DELETED> (A)(i) the unique aspects of commercial
advanced nuclear reactor licensing, including the use
of alternative coolants, operation at or near
atmospheric pressure, and the use of passive safety
strategies;</DELETED>
<DELETED> (ii) strategies for the qualification of
advanced nuclear reactor fuel, including the use of
computer modeling and simulation and experimental
validation; and</DELETED>
<DELETED> (iii) 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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I) milestones that--
</DELETED>
<DELETED> (aa) correspond to
stages of a licensing process
for the specific situation of a
commercial advanced nuclear
reactor project; and</DELETED>
<DELETED> (bb) use knowledge
of the ability of the
Commission to review certain
design aspects; and</DELETED>
<DELETED> (II) guidelines defining
the roles and responsibilities between
the Commission and the applicant at the
onset of the interaction--</DELETED>
<DELETED> (aa) to provide
the foundation for effective
communication and effective
project management;
and</DELETED>
<DELETED> (bb) to ensure
efficient progress;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iv) the incorporation of
consensus-based codes and standards developed
under clause (iii) into the regulatory
framework--</DELETED>
<DELETED> (I) to provide
predictability for the regulatory
processes of the Commission;
and</DELETED>
<DELETED> (II) to ensure timely
completion of specific licensing
actions;</DELETED>
<DELETED> (v) the development of a process
for, and the use of, conceptual design
assessments; and</DELETED>
<DELETED> (vi) identification of any
policies and guidance for staff that will be
needed to implement clauses (i) and
(ii);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (E) the extent to which Commission action
or modification of policy is needed to implement any
part of the report.</DELETED>
<DELETED> (c) Report To Increase the Use of Risk-Informed and
Performance-Based Evaluation Techniques and Regulatory Guidance.--
</DELETED>
<DELETED> (1) Report required.--Not later than 180 days
after the date of enactment of this Act, the Commission shall
submit to the appropriate congressional committees a report for
increasing, where appropriate, 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 ``report'').</DELETED>
<DELETED> (2) Coordination and stakeholder input.--In
developing the report, the Commission shall seek input from the
Secretary, the nuclear energy industry, technology developers,
and other public stakeholders.</DELETED>
<DELETED> (3) Cost and schedule estimate.--The report 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.</DELETED>
<DELETED> (4) Required evaluations.--Consistent with the
role of the Commission in protecting public health and safety
and common defense and security, the report shall evaluate--
</DELETED>
<DELETED> (A) the ability of the Commission to
develop and implement, where appropriate, 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--
</DELETED>
<DELETED> (i) issues relating to--</DELETED>
<DELETED> (I) licensing basis event
selection and evaluation;</DELETED>
<DELETED> (II) use of mechanistic
source terms;</DELETED>
<DELETED> (III) containment
performance;</DELETED>
<DELETED> (IV) emergency
preparedness; and</DELETED>
<DELETED> (V) the qualification of
advanced nuclear reactor fuel;
and</DELETED>
<DELETED> (ii) other policy issues
previously identified; and</DELETED>
<DELETED> (B) the extent to which Commission action
is needed to implement any part of the
report.</DELETED>
<DELETED> (d) Report To Prepare the Research and Test Reactor
Licensing Process.--</DELETED>
<DELETED> (1) Report required.--Not later than 1 year after
the date of enactment of this Act, the Commission shall submit
to the appropriate congressional committees a report for
preparing the licensing process for research and test reactors
within the existing regulatory framework (referred to in this
subsection as the ``report'').</DELETED>
<DELETED> (2) Coordination and stakeholder input.--In
developing the report, the Commission shall seek input from the
Secretary, the nuclear energy industry, a diverse set of
technology developers, and other public stakeholders.</DELETED>
<DELETED> (3) Cost and schedule estimates.--The report shall
include proposed cost estimates, budgets, and timeframes for
preparing the licensing process for research and test
reactors.</DELETED>
<DELETED> (4) Required evaluations.--Consistent with the
role of the Commission in protecting public health and safety
and common defense and security, the report shall evaluate--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) the feasibility of developing
guidelines for advanced reactor demonstrations to
support the review process for advanced reactors
designs, including designs that use alternative
coolants or alternative fuels, operate at or near
atmospheric pressure, and use passive safety
strategies; and</DELETED>
<DELETED> (C) the extent to which Commission action
or modification of policy is needed to implement any
part of the report.</DELETED>
<DELETED> (e) Report 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 and To Enhance Commission Expertise Relating to Advanced
Nuclear Reactor Technologies.--</DELETED>
<DELETED> (1) Report required.--Not later than 30 months
after the date of enactment of this Act, the Commission shall
submit to the appropriate congressional committees a report
(referred to in this subsection as the ``report'') for--
</DELETED>
<DELETED> (A) 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; and</DELETED>
<DELETED> (B) ensuring that the Commission has
adequate expertise, modeling, and simulation
capabilities, or access to those capabilities, to
support the evaluation of advanced reactor license
applications, including the qualification of advanced
nuclear reactor fuel.</DELETED>
<DELETED> (2) Coordination and stakeholder input.--In
developing the report, the Commission shall seek input from the
Secretary, the nuclear energy industry, a diverse set of
technology developers, and other public stakeholders.</DELETED>
<DELETED> (3) Cost and schedule estimate.--The report 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.</DELETED>
<DELETED> (4) Required evaluations.--Consistent with the
role of the Commission in protecting public health and safety
and common defense and security, the report shall evaluate--
</DELETED>
<DELETED> (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,
2024;</DELETED>
<DELETED> (B) the extent to which additional
legislation, or Commission action or modification of
policy, is needed to implement any part of the new
regulatory framework;</DELETED>
<DELETED> (C) the need for additional Commission
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;
and</DELETED>
<DELETED> (D) the 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.</DELETED>
<DELETED>SEC. 104. ADVANCED NUCLEAR ENERGY LICENSING COST-SHARE GRANT
PROGRAM.</DELETED>
<DELETED> (a) Establishment.--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.</DELETED>
<DELETED> (b) Requirement.--The Secretary shall seek out technology
diversity in making grants under the program.</DELETED>
<DELETED> (c) Cost-Share Amount.--The Secretary shall determine the
cost-share amount for each grant.</DELETED>
<DELETED> (d) Use of Funds.--Recipients of grants under the program
may use the grant funds to cover Commission fees, including those fees
associated with--</DELETED>
<DELETED> (1) developing a licensing project plan;</DELETED>
<DELETED> (2) obtaining a conceptual design
assessment;</DELETED>
<DELETED> (3) reviewing topical reports; and</DELETED>
<DELETED> (4) other pre-application and application review
activities and interactions with the Commission.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section such sums
as are necessary.</DELETED>
<DELETED>SEC. 105. BAFFLE-FORMER BOLT GUIDANCE.</DELETED>
<DELETED> (a) Revisions to Guidance.--Not later than September 30,
2017, the Commission shall publish any necessary revisions to the
guidance on the baseline examination schedule and subsequent
examination frequency for baffle-former bolts in pressurized water
reactors with down-flow configurations.</DELETED>
<DELETED> (b) Report.--Not later than September 30, 2017, the
Commission shall submit to the appropriate congressional committees--
</DELETED>
<DELETED> (1) a report explaining any revisions made to the
guidance described in subsection (a); or</DELETED>
<DELETED> (2) if no revisions were made, a report explaining
why the guidance, as in effect on the date of submission of the
report, is sufficient.</DELETED>
<DELETED>SEC. 106. EVACUATION REPORT.</DELETED>
<DELETED> (a) In General.--Not later than 90 days after the date of
enactment of this Act, the Commission shall submit to the appropriate
congressional committees a report describing the actions the Commission
has taken, or plans to take, to consider lessons learned since
September 11, 2001, Superstorm Sandy, Fukushima, and other recent
natural disasters regarding directed or spontaneous evacuations in
densely populated urban and suburban areas.</DELETED>
<DELETED> (b) Inclusions.--The report under subsection (a) shall--
</DELETED>
<DELETED> (1) describe the actions of the Commission--
</DELETED>
<DELETED> (A) to consider the results from--
</DELETED>
<DELETED> (i) the State-of-the-Art Reactor
Consequence Analyses project; and</DELETED>
<DELETED> (ii) the current examination by
the Commission of emergency planning zones for
small modular reactors and advanced nuclear
reactors; and</DELETED>
<DELETED> (B) to monitor international reviews,
including reviews conducted by--</DELETED>
<DELETED> (i) the United Nations Scientific
Committee on the Effects of Atomic
Radiation;</DELETED>
<DELETED> (ii) the World Health
Organization; and</DELETED>
<DELETED> (iii) the Fukushima Health
Management Survey; and</DELETED>
<DELETED> (2) with respect to a disaster similar to a
disaster described in subsection (a), include information
about--</DELETED>
<DELETED> (A) potential shadow evacuations in
response to the disaster; and</DELETED>
<DELETED> (B) what levels of self-evacuation should
be expected during the disaster, including outside the
10-mile evacuation zone.</DELETED>
<DELETED> (c) Consultation Required.--The report under subsection
(a) shall be prepared after consultation with--</DELETED>
<DELETED> (1) the Federal Radiological Preparedness
Coordinating Committee;</DELETED>
<DELETED> (2) State emergency planning officials from States
that the Commission determines to be relevant to the report;
and</DELETED>
<DELETED> (3) experts in analyzing human behavior and
probable responses to a radiological emission event.</DELETED>
<DELETED>TITLE II--URANIUM</DELETED>
<DELETED>SEC. 201. URANIUM RECOVERY REPORT.</DELETED>
<DELETED> Not later than December 31, 2017, the Commission shall
submit to the appropriate congressional committees a report
describing--</DELETED>
<DELETED> (1) the safety and feasibility of extending the
duration of uranium recovery licenses from 10 to 20 years,
including any potential benefits of the extension;</DELETED>
<DELETED> (2) the duration of uranium recovery license
issuance and amendment reviews; and</DELETED>
<DELETED> (3) recommendations to improve efficiency and
transparency of uranium recovery license issuance and amendment
reviews.</DELETED>
<DELETED>SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.</DELETED>
<DELETED> Not later than July 31, 2018, the Commission shall--
</DELETED>
<DELETED> (1) complete a voluntary pilot initiative to
determine the feasibility of the establishment of a flat fee
structure for routine licensing matters relating to uranium
recovery; and</DELETED>
<DELETED> (2) provide to the appropriate congressional
committees a report describing the results of the pilot
initiative under paragraph (1).</DELETED>
<DELETED>SEC. 203. URANIUM TRANSFERS AND SALES.</DELETED>
<DELETED> Section 3112 of the USEC Privatization Act (42 U.S.C.
2297h-10) is amended--</DELETED>
<DELETED> (1) by redesignating subsections (b) through (f)
as subsections (d) through (h), respectively;</DELETED>
<DELETED> (2) by striking subsection (a) and inserting the
following:</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Depleted uranium.--The term `depleted
uranium' means uranium having an assay less than the assay
for--</DELETED>
<DELETED> ``(A) natural uranium; or</DELETED>
<DELETED> ``(B) 0.711 percent of the uranium-235
isotope.</DELETED>
<DELETED> ``(2) Highly enriched uranium.--The term `highly
enriched uranium' means uranium having an assay of 20 percent
or greater of the uranium-235 isotope.</DELETED>
<DELETED> ``(3) Low-enriched uranium.--The term `low-
enriched uranium' means uranium having an assay greater than
0.711 percent but less than 20 percent of the uranium-235
isotope.</DELETED>
<DELETED> ``(4) Metric ton of uranium.--The term `metric ton
of uranium' means 1,000 kilograms of uranium.</DELETED>
<DELETED> ``(5) Natural uranium.--The term `natural uranium'
means uranium having an assay of 0.711 percent of the uranium-
235 isotope.</DELETED>
<DELETED> ``(6) Off-spec uranium.--The term `off-spec
uranium' means uranium in any form, including depleted uranium,
highly enriched uranium, low-enriched uranium, natural uranium,
UF6, and any byproduct of uranium processing, that does not
meet the specification for commercial material (as defined by
the standards of the American Society for Testing and
Materials).</DELETED>
<DELETED> ``(7) Uranium.--Other than in subsection (c), the
term `uranium' includes natural uranium, uranium hexafluoride,
highly enriched uranium, low-enriched uranium, depleted
uranium, and any byproduct of uranium processing.</DELETED>
<DELETED> ``(8) Uranium hexafluoride; uf6.--The terms
`uranium hexafluoride' and `UF6' mean uranium that has been
combined with fluorine, to form a compound that, dependent on
temperature and pressure, can be a solid, liquid, or
gas.</DELETED>
<DELETED> ``(b) Transfers and Sales by the Secretary.--The Secretary
shall not provide enrichment services, or transfer, sell or otherwise
provide any uranium to any person except in accordance with this
section.</DELETED>
<DELETED> ``(c) Development of Federal Excess Uranium Management
Plan.--</DELETED>
<DELETED> ``(1) In general.--Beginning on January 1, 2018,
and not less frequently than once every 10 years thereafter,
the Secretary shall issue a long-term Federal excess uranium
inventory management plan (referred to in this section as the
`plan') that details the management of the excess uranium
inventories of the Department of Energy and covers a period of
not fewer than 10 years.</DELETED>
<DELETED> ``(2) Content.--</DELETED>
<DELETED> ``(A) In general.--The plan shall cover
all forms of uranium within the excess uranium
inventory of the Department of Energy, including
depleted uranium, highly enriched uranium, low-enriched
uranium, natural uranium, off-spec uranium, and
UF6.</DELETED>
<DELETED> ``(B) Reducing impact on domestic
industry.--The plan shall outline steps the Secretary
will take to minimize the impact of transferring,
selling, or otherwise providing uranium on the domestic
uranium mining, conversion, and enrichment industries,
including any actions for which the Secretary would
require new authority.</DELETED>
<DELETED> ``(C) Maximizing benefits to the federal
government.--The plan shall outline steps the Secretary
shall take to ensure that the Federal Government
maximizes the potential value of uranium for the
Federal Government.</DELETED>
<DELETED> ``(3) Proposed plan.--Before issuing the final
plan, the Secretary shall publish a proposed plan in the
Federal Register pursuant to a rulemaking under section 553 of
title 5, United States Code.</DELETED>
<DELETED> ``(4) Deadlines for submission.--The Secretary
shall issue--</DELETED>
<DELETED> ``(A) a proposed plan for public comment
under paragraph (3) not later than 180 days after the
date of enactment of this paragraph; and</DELETED>
<DELETED> ``(B) a final plan not later than 1 year
after the date of enactment of this
paragraph.'';</DELETED>
<DELETED> (3) in subsection (d) (as redesignated by
paragraph (1))--</DELETED>
<DELETED> (A) in the sixth sentence of paragraph
(3), by striking ``subsections (b)(5), (b)(6) and
(b)(7) of this section'' and inserting ``paragraphs
(5), (6), and (7)''; and</DELETED>
<DELETED> (B) in paragraph (8), by striking
``(b)'';</DELETED>
<DELETED> (4) in subsection (e)(1) (as redesignated by
paragraph (1)), by striking ``subsection (c)(2)'' and inserting
``paragraph (2)'';</DELETED>
<DELETED> (5) in subsection (f) (as redesignated by
paragraph (1))--</DELETED>
<DELETED> (A) by striking paragraph (1) and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--Notwithstanding the transfers
authorized under subsections (e) and (g), the Secretary may
transfer, sell, or otherwise provide any uranium from the
stockpile of the Department of Energy, subject to the following
limitations:</DELETED>
<DELETED> ``(A) Effective for the period of calendar
years 2017 through 2025, and notwithstanding any other
provision of law, the Secretary shall not transfer,
sell, or otherwise provide more than 2,100 metric tons
of natural uranium equivalent annually in any form,
including depleted uranium, highly enriched uranium,
low-enriched uranium, natural uranium, off-spec
uranium, and UF6.</DELETED>
<DELETED> ``(B) Effective beginning on January 1,
2026, and notwithstanding any other provision of law,
the Secretary shall not transfer, sell, or otherwise
provide more than 2,700 metric tons of natural uranium
equivalent annually in any form, including depleted
uranium, highly enriched uranium, low-enriched uranium,
natural uranium, off-spec uranium, and
UF6.'';</DELETED>
<DELETED> (B) in paragraph (2), in the matter
preceding subparagraph (A), by striking ``(2) Except as
provided in subsections (b), (c), and (e)'' and
inserting the following:</DELETED>
<DELETED> ``(2) Determinations.--Except as provided in
subsections (d), (e), and (g), and subject to paragraph (3)'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) Requirements for determinations.--</DELETED>
<DELETED> ``(A) Proposed determination.--Before
making a determination under paragraph (2)(B), the
Secretary shall publish a proposed determination in the
Federal Register pursuant to a rulemaking under section
553 of title 5, United States Code.</DELETED>
<DELETED> ``(B) Quality of market analysis.--Any
market analysis that is prepared by the Department of
Energy, or that the Department of Energy commissions
for the Secretary as part of the determination process
under paragraph (2)(B), shall be subject to a peer
review process consistent with the guidelines of the
Office of Management and Budget published at 67 Fed.
Reg. 8452-8460 (February 22, 2002) (or successor
guidelines), to ensure and maximize the quality,
objectivity, utility, and integrity of information
disseminated by Federal agencies.</DELETED>
<DELETED> ``(C) Waiver of secretarial
determination.--Beginning on January 1, 2023, the
requirement for a determination by the Secretary under
paragraph (2)(B) shall be waived for transferring,
selling, or otherwise providing uranium by the
Secretary if the uranium has been identified in the
updated long-term Federal excess uranium inventory
management plan under subsection (c)(1).'';
and</DELETED>
<DELETED> (6) in subsection (g) (as redesignated by
paragraph (1)), in the matter preceding paragraph (1), by
striking ``(d)(2)'' and inserting ``(f)(2)''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Energy
Innovation and Modernization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES
Sec. 101. Nuclear Regulatory Commission user fees and annual charges
through fiscal year 2019.
Sec. 102. Nuclear Regulatory Commission user fees and annual charges
for fiscal year 2020 and each fiscal year
thereafter.
Sec. 103. Advanced nuclear reactor program.
Sec. 104. Advanced nuclear energy licensing cost-share grant program.
Sec. 105. Baffle-former bolt guidance.
Sec. 106. Evacuation report.
Sec. 107. Encouraging private investment in research and test reactors.
Sec. 108. Commission report on accident tolerant fuel.
TITLE II--URANIUM
Sec. 201. Uranium recovery report.
Sec. 202. Pilot program for uranium recovery fees.
Sec. 203. Uranium transfers and sales.
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,
efficient, and timely as practicable without compromising
safety or security;
(11) the development of advanced nuclear reactors would
benefit from the early identification of policy issues for
timely consideration and resolution by the Commission to
improve the efficient development of designs as well as
preparing for design review and licensing;
(12) 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;
(13) the existing nuclear reactor licensing process does
not provide iterative feedback to manage risk as needed for
typical technology development and investment cycles;
(14) 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;
(15) 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;
(16) 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;
(17) it is incumbent on the Commission--
(A) to budget appropriate resources to undertake an
active role in design familiarization activities with
potential applicants with advanced reactor designs;
(B) to budget for adequate resources to conduct
licensing reviews and other work requested by licensees
and applicants; and
(C) to use 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
(18) both prospective 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;
(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; and
(3) more efficient regulation of uranium recovery.
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 (as in effect on the date
of enactment of this Act)), with significant improvements
compared to commercial nuclear reactors under construction as
of the date of enactment of this Act, including improvements
such as--
(A) additional inherent safety features;
(B) significantly lower levelized cost of
electricity;
(C) lower waste yields;
(D) greater fuel utilization;
(E) enhanced reliability;
(F) increased proliferation resistance;
(G) increased thermal efficiency; or
(H) ability to integrate into electric and
nonelectric applications.
(2) Advanced nuclear reactor fuel.--The term ``advanced
nuclear reactor fuel'' means fuel for use in an advanced
nuclear reactor or a research and test reactor, including fuel
with a low uranium enrichment level of not greater than 20
percent.
(3) 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)).
(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) Conceptual design assessment.--The term ``conceptual
design assessment'' 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.
(7) 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.
(8) 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.
(9) Regulatory framework.--The term ``regulatory
framework'' means the framework for reviewing requests for
certifications, permits, approvals, and licenses for nuclear
reactors.
(10) 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.
(11) 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 nuclear
reactor.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(13) 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
(as in effect on the date of enactment of this Act).
(14) 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, where appropriate, the use of
risk-informed and performance-based techniques and other tools
and methods.
(15) Topical report.--The term ``topical report'' means a
document submitted to the Commission that addresses a technical
topic related to nuclear reactor safety or design.
TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES
SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES
THROUGH FISCAL YEAR 2019.
(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 regulatory
infrastructure for advanced nuclear reactor
technologies, including activities required
under section 103 of the Nuclear Energy
Innovation and Modernization Act.''.
(b) Repeal.--Effective October 1, 2019, section 6101 of the Omnibus
Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.
SEC. 102. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES
FOR FISCAL YEAR 2020 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, to the maximum extent practicable,
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 2020 and
2021.
(B) 29 percent for each of fiscal years 2022 and
2023.
(C) 28 percent for fiscal year 2024 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) Any fee relief activity identified by
the Commission 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)).
(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;
(V) for research and development at
universities in areas relevant to the
mission of the Commission; and
(VI) for a nuclear science and
engineering grant program that will
support multiyear projects that do not
align with programmatic missions but
are critical to maintaining the
discipline of nuclear science and
engineering.
(iii) Costs for activities related to the
development of regulatory infrastructure for
advanced nuclear reactor technologies,
including activities required under section
103.
(C) Exception.--The exclusion described in
subparagraph (B)(iii) shall cease to be effective on
January 1, 2031.
(D) Report.--Not later than December 31, 2029, 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, to the maximum extent
practicable, 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.--The Commission may waive, for
a period of 1 year, the cap on annual fees
described in clause (i) if the Commission
submits 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
written determination that the cap on annual
fees may compromise the safety and security
mission of the Commission.
(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.--Not later than 180 days after the date of
enactment of this Act, 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, 2021, 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.--Except as provided in subsection (c), this
section takes effect on October 1, 2019.
SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.
(a) Licensing.--
(1) Staged licensing.--For the purpose of predictable,
efficient, and timely reviews, not later than 270 days 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 conceptual design
assessment.
(2) Risk-informed licensing.--Not later than 2 years after
the date of enactment of this Act, the Commission shall develop
and implement, where appropriate, strategies for the increased
use of risk-informed, performance-based licensing evaluation
techniques and guidance for commercial advanced nuclear
reactors within the existing regulatory framework, 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 within the existing
regulatory framework for licensing research and test reactors,
including the issuance of guidance.
(4) Technology-inclusive regulatory framework.--Not later
than December 31, 2024, 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) Report To Establish Stages in the Commercial Advanced Nuclear
Reactor Licensing Process.--
(1) Report required.--Not later than 180 days after the
date of enactment of this Act, the Commission shall submit to
the appropriate congressional committees a report 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 ``report'').
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, a diverse set of technology
developers, and other public stakeholders.
(3) Cost and schedule estimates.--The report 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 report shall evaluate--
(A)(i) the unique aspects of commercial advanced
nuclear reactor licensing, including the use of
alternative coolants, operation at or near atmospheric
pressure, and the use of passive safety strategies;
(ii) strategies for the qualification of advanced
nuclear reactor fuel, including the use of computer
modeling and simulation and experimental validation;
and
(iii) 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;
(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, conceptual design assessments; 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 report.
(c) Report To Increase the Use of Risk-Informed and Performance-
Based Evaluation Techniques and Regulatory Guidance.--
(1) Report required.--Not later than 180 days after the
date of enactment of this Act, the Commission shall submit to
the appropriate congressional committees a report for
increasing, where appropriate, 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 ``report'').
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, technology developers, and other
public stakeholders.
(3) Cost and schedule estimate.--The report 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 report shall evaluate--
(A) the ability of the Commission to develop and
implement, where appropriate, 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;
(IV) emergency preparedness; and
(V) the qualification of advanced
nuclear reactor fuel; and
(ii) other policy issues previously
identified; and
(B) the extent to which Commission action is needed
to implement any part of the report.
(d) Report To Prepare the Research and Test Reactor Licensing
Process.--
(1) Report required.--Not later than 1 year after the date
of enactment of this Act, the Commission shall submit to the
appropriate congressional committees a report for preparing the
licensing process for research and test reactors within the
existing regulatory framework (referred to in this subsection
as the ``report'').
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, a diverse set of technology
developers, and other public stakeholders.
(3) Cost and schedule estimates.--The report 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 report 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 and prototypes to
support the review process for advanced reactors
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 report.
(e) Report 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 and To
Enhance Commission Expertise Relating to Advanced Nuclear Reactor
Technologies.--
(1) Report required.--Not later than 30 months after the
date of enactment of this Act, the Commission shall submit to
the appropriate congressional committees a report (referred to
in this subsection as the ``report'') for--
(A) 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; and
(B) ensuring that the Commission has adequate
expertise, modeling, and simulation capabilities, or
access to those capabilities, to support the evaluation
of commercial advanced reactor license applications,
including the qualification of advanced nuclear reactor
fuel.
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, a diverse set of technology
developers, and other public stakeholders.
(3) Cost and schedule estimate.--The report 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 report 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, 2024;
(B) the extent to which additional legislation, or
Commission action or modification of policy, is needed
to implement any part of the new regulatory framework;
(C) the need for additional Commission 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; and
(D) the 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.
SEC. 104. ADVANCED NUCLEAR ENERGY LICENSING COST-SHARE GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means an applicant for a grant under the program that is
seeking a license for an advanced nuclear reactor or a research
and test reactor.
(2) Program.--The term ``program'' means the Advanced
Nuclear Energy Cost-Share Grant Program established under
subsection (b).
(b) Establishment.--The Secretary shall establish a grant program
to be known as the ``Advanced Nuclear Energy Cost-Share Grant
Program'', under which the Secretary shall make cost-share grants to
eligible applicants for the purpose of funding a portion of the
Commission fees and other costs of the eligible applicant for pre-
application and application review activities.
(c) Requirement.--The Secretary shall seek out technology diversity
in making grants under the program.
(d) Cost-Share Amount.--The Secretary shall determine the cost-
share amount for each grant.
(e) Use of Funds.--Recipients of grants under the program may use
the grant funds to cover Commission fees and other costs, including
those fees or other costs associated with--
(1) developing a licensing project plan;
(2) preparing an application for and obtaining a conceptual
design assessment;
(3) preparing and reviewing topical reports; and
(4) other pre-application and application review activities
and interactions with the Commission.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
are necessary.
SEC. 105. BAFFLE-FORMER BOLT GUIDANCE.
(a) Revisions to Guidance.--Not later than September 30, 2017, the
Commission shall publish any necessary revisions to the guidance on the
baseline examination schedule and subsequent examination frequency for
baffle-former bolts in pressurized water reactors with down-flow
configurations.
(b) Report.--Not later than September 30, 2017, the Commission
shall submit to the appropriate congressional committees--
(1) a report explaining any revisions made to the guidance
described in subsection (a); or
(2) if no revisions were made, a report explaining why the
guidance, as in effect on the date of submission of the report,
is sufficient.
SEC. 106. EVACUATION REPORT.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commission shall submit to the appropriate
congressional committees a report describing the actions the Commission
has taken, or plans to take, to consider lessons learned since
September 11, 2001, Superstorm Sandy, Fukushima, and other recent
natural disasters regarding directed or spontaneous evacuations in
densely populated urban and suburban areas.
(b) Inclusions.--The report under subsection (a) shall--
(1) describe the actions of the Commission--
(A) to consider the results from--
(i) the State-of-the-Art Reactor
Consequence Analyses project; and
(ii) the current examination by the
Commission of emergency planning zones for
small modular reactors and advanced nuclear
reactors; and
(B) to monitor international reviews, including
reviews conducted by--
(i) the United Nations Scientific Committee
on the Effects of Atomic Radiation;
(ii) the World Health Organization; and
(iii) the Fukushima Health Management
Survey; and
(2) with respect to a disaster similar to a disaster
described in subsection (a), include information about--
(A) potential shadow evacuations in response to the
disaster; and
(B) what levels of self-evacuation should be
expected during the disaster, including outside the 10-
mile evacuation zone.
(c) Consultation Required.--The report under subsection (a) shall
be prepared after consultation with--
(1) the Federal Radiological Preparedness Coordinating
Committee;
(2) State emergency planning officials from States that the
Commission determines to be relevant to the report; and
(3) experts in analyzing human behavior and probable
responses to a radiological emission event.
SEC. 107. ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST REACTORS.
(a) Purpose.--The purpose of this section is to encourage private
investment in research and test reactors.
(b) Research and Development Activities.--Section 104 c. of the
Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
(1) in the first sentence, by striking ``and which are not
facilities of the type specified in subsection 104 b.'' and
inserting a period; and
(2) by adding at the end the following: ``The Commission is
authorized to issue licenses under this section for utilization
facilities useful in the conduct of research and development
activities of the types specified in section 31 in which the
licensee sells research and testing services and energy to
others, subject to the condition that the licensee shall
recover not more than 75 percent of the annual costs to the
licensee of owning and operating the facility through sales of
nonenergy services, energy, or both, other than research and
development or education and training, of which not more than
50 percent may be through sales of energy.''.
SEC. 108. COMMISSION REPORT ON ACCIDENT TOLERANT FUEL.
(a) Definition of Accident Tolerant Fuel.--In this section, the
term ``accident tolerant fuel'' means a new technology that--
(1) makes an existing commercial nuclear reactor more
resistant to a nuclear incident (as defined in section 11 of
the Atomic Energy Act of 1954 (42 U.S.C. 2014)); and
(2) lowers the cost of electricity over the licensed
lifetime of an existing commercial nuclear reactor.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to Congress a report
describing the status of the licensing process of the Commission for
accident tolerant fuel.
TITLE II--URANIUM
SEC. 201. URANIUM RECOVERY REPORT.
Not later than December 31, 2017, the Commission shall submit to
the appropriate congressional committees a report describing--
(1) the safety and feasibility of extending the duration of
uranium recovery licenses from 10 to 20 years, including any
potential benefits of the extension;
(2) the duration of uranium recovery license issuance and
amendment reviews; and
(3) recommendations to improve efficiency and transparency
of uranium recovery license issuance and amendment reviews.
SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.
Not later than July 31, 2018, the Commission shall--
(1) complete a voluntary pilot initiative to determine the
feasibility of the establishment of a flat fee structure for
routine licensing matters relating to uranium recovery; and
(2) provide to the appropriate congressional committees a
report describing the results of the pilot initiative under
paragraph (1).
SEC. 203. URANIUM TRANSFERS AND SALES.
Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) is
amended--
(1) by redesignating subsections (b) through (f) as
subsections (d) through (h), respectively;
(2) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section:
``(1) Depleted uranium.--The term `depleted uranium' means
uranium having an assay less than the assay for--
``(A) natural uranium; or
``(B) 0.711 percent of the uranium-235 isotope.
``(2) Highly enriched uranium.--The term `highly enriched
uranium' means uranium having an assay of 20 percent or greater
of the uranium-235 isotope.
``(3) Low-enriched uranium.--The term `low-enriched
uranium' means uranium having an assay greater than 0.711
percent but less than 20 percent of the uranium-235 isotope.
``(4) Metric ton of uranium.--The term `metric ton of
uranium' means 1,000 kilograms of uranium.
``(5) Natural uranium.--The term `natural uranium' means
uranium having an assay of 0.711 percent of the uranium-235
isotope.
``(6) Off-spec uranium.--The term `off-spec uranium' means
uranium in any form, including depleted uranium, highly
enriched uranium, low-enriched uranium, natural uranium, UF6,
and any byproduct of uranium processing, that does not meet the
specification for commercial material (as defined by the
standards of the American Society for Testing and Materials).
``(7) Uranium.--Other than in subsection (c), the term
`uranium' includes natural uranium, uranium hexafluoride,
highly enriched uranium, low-enriched uranium, depleted
uranium, and any byproduct of uranium processing.
``(8) Uranium hexafluoride; uf6.--The terms `uranium
hexafluoride' and `UF6' mean uranium that has been combined
with fluorine, to form a compound that, dependent on
temperature and pressure, can be a solid, liquid, or gas.
``(b) Transfers and Sales by the Secretary.--The Secretary is not
authorized to provide enrichment services or transfer or sell any
uranium except in accordance with this section.
``(c) Development of Federal Excess Uranium Management Plan.--
``(1) In general.--Beginning on January 1, 2018, and not
less frequently than once every 10 years thereafter, the
Secretary shall issue a long-term Federal excess uranium
inventory management plan (referred to in this section as the
`plan') that details the management of the excess uranium
inventories of the Department of Energy and covers a period of
not fewer than 10 years.
``(2) Content.--
``(A) In general.--The plan shall cover all forms
of uranium within the excess uranium inventory of the
Department of Energy, including depleted uranium,
highly enriched uranium, low-enriched uranium, natural
uranium, off-spec uranium, and UF6.
``(B) Reducing impact on domestic industry.--The
plan shall outline steps the Secretary will take to
minimize the impact of transferring or selling uranium
on the domestic uranium mining, conversion, and
enrichment industries, including any actions for which
the Secretary would require new authority.
``(C) Maximizing benefits to the federal
government.--The plan shall outline steps the Secretary
shall take to ensure that the Federal Government
maximizes the potential value of uranium for the
Federal Government.
``(3) Proposed plan.--Before issuing the final plan, the
Secretary shall publish a proposed plan in the Federal Register
pursuant to a rulemaking under section 553 of title 5, United
States Code.
``(4) Deadlines for submission.--The Secretary shall
issue--
``(A) a proposed plan for public comment under
paragraph (3) not later than 180 days after the date of
enactment of this paragraph; and
``(B) a final plan not later than 1 year after the
date of enactment of this paragraph.'';
(3) in subsection (d) (as redesignated by paragraph (1))--
(A) in the sixth sentence of paragraph (3), by
striking ``subsections (b)(5), (b)(6) and (b)(7) of
this section'' and inserting ``paragraphs (5), (6), and
(7)''; and
(B) in paragraph (8), by striking ``(b)'';
(4) in subsection (e)(1) (as redesignated by paragraph
(1)), by striking ``subsection (c)(2)'' and inserting
``paragraph (2)'';
(5) in subsection (f) (as redesignated by paragraph (1))--
(A) in paragraph (1), by striking ``(c) and (e)''
and all that follows through ``uranium)'' and inserting
``(e) and (g), the Secretary may, from time to time,
sell uranium'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Limitations.--The transfers authorized under
subsections (e) and (g), and the sales authorized under
paragraph (1), shall be subject to the following limitations:
``(A) Effective for the period of calendar years
2017 through 2025, the Secretary shall not transfer or
sell more than 2,100 metric tons of natural uranium
equivalent annually in any form, including depleted
uranium, highly enriched uranium, low-enriched uranium,
natural uranium, off-spec uranium, and UF6.
``(B) Effective beginning on January 1, 2026, the
Secretary shall not transfer or sell more than 2,700
metric tons of natural uranium equivalent annually in
any form, including depleted uranium, highly enriched
uranium, low-enriched uranium, natural uranium, off-
spec uranium, and UF6.'';
(D) in paragraph (3) (as redesignated by
subparagraph (B))--
(i) in the matter preceding subparagraph
(A), by striking the paragraph designation and
all that follows through ``unless--'' and
inserting the following:
``(3) Determinations.--Except as provided in subsections
(d), (e), and (g), and subject to paragraph (4), no sale or
transfer of uranium shall be made unless--''; and
(ii) in subparagraph (B), by striking ``the
sale'' and inserting ``the sale or transfer'';
and
(E) by adding at the end the following:
``(4) Requirements for determinations.--
``(A) Proposed determination.--Before making a
determination under paragraph (3)(B), the Secretary
shall publish a proposed determination in the Federal
Register pursuant to a rulemaking under section 553 of
title 5, United States Code.
``(B) Quality of market analysis.--Any market
analysis that is prepared by the Department of Energy,
or that the Department of Energy commissions for the
Secretary as part of the determination process under
paragraph (3)(B), shall be subject to a peer review
process consistent with the guidelines of the Office of
Management and Budget published at 67 Fed. Reg. 8452-
8460 (February 22, 2002) (or successor guidelines), to
ensure and maximize the quality, objectivity, utility,
and integrity of information disseminated by Federal
agencies.
``(C) Waiver of secretarial determination.--
Beginning on January 1, 2023, the requirement for a
determination by the Secretary under paragraph (3)(B)
shall be waived for transferring or selling uranium by
the Secretary if the uranium has been identified in the
updated long-term Federal excess uranium inventory
management plan under subsection (c)(1).''; and
(6) in subsection (g) (as redesignated by paragraph (1)),
in the matter preceding paragraph (1), by striking ``(d)(2)''
and inserting ``(f)(3), but subject to subsection (f)(2)''.
Calendar No. 108
115th CONGRESS
1st Session
S. 512
[Report No. 115-86]
_______________________________________________________________________
A BILL
To modernize the regulation of nuclear energy.
_______________________________________________________________________
May 25, 2017
Reported with an amendment