H.R. 4979 — what changed
Advanced Nuclear Technology Development Act of 2016
From Reported in House to Engrossed in House. 4 sections amended and 1 removed between Reported in House and Engrossed in House.
Sec. 3 Definitions
In this Act:
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Advanced nuclear reactor— The term “advanced reactor” means a nuclear reactor with significant design improvements over the most recent generation of nuclear reactors. Such improvements may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency.reactor” means—
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a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency; or
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a nuclear fusion reactor.
Department— The term “Department” means the Department of Energy.
Licensing— The term “licensing” means NRC activities related to reviewing applications for licenses, permits, and design certifications, and requests for any other regulatory approval for nuclear reactors within the responsibilities of the NRC under the Atomic Energy Act of 1954.
National laboratory— The term “National Laboratory” has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
NRC— The term “NRC” means the Nuclear Regulatory Commission.
Secretary— The term “Secretary” means the Secretary of Energy.
Sec. 4 Agency coordination
The NRC and the Department shall enter into the a memorandum of understanding regarding the following topics:
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Technical expertise— Ensuring that the Department has sufficient technical expertise to support the civilian nuclear industry’s timely development research, development, demonstration, and commercial deployment application of safe, innovative advanced reactor technology and the NRC has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications, and other requests for regulatory approval for advanced reactors.
Modeling and simulation— The use of computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior.
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Facilities— Ensuring that the Department maintains and develops the facilities to support enable the civilian nuclear industry’s timely development research, development, demonstration, and commercial deployment application of safe, innovative reactor technology and ensuring that the NRC has access to such facilities, as needed.
Sec. 5 Reporting to Congress
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In General— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works and the Committee Energy and Natural Resources of the Senate a report assessing the capabilities of the Department to authorize, host, and oversee privately proposed and funded experimental reactors.
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Contents— Such report shall address—
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the safety review and oversight capabilities of the Department, including options to leverage expertise from the NRC and the National Laboratories;
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options to regulate Department hosted, privately proposed and funded experimental reactors;
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potential sites capable of hosting the activities described in subsection (a);
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the efficacy of the available contractual mechanisms of the Department to partner with the private sector and other Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology;
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the Federal Government’s liability with respect to the disposal of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste, as defined by section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101);
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the impact on the Nation’s aggregate inventory of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste;
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potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and
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other challenges or considerations identified by the Secretary.
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Updates— The Secretary shall update relevant provisions of the report submitted under subsection (a) every 2 years and submit that update to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works and the Committee Energy and Natural Resources of the Senate.
removed
Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that evaluates the status of activities intended to facilitate the testing and demonstration of advanced reactors on Department land and facilities and the potential for the Department to use testing and demonstration on private land.
Sec. 6 Advanced reactor regulatory framework
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Plan required— Not later than 1 year after the date of enactment of this Act, the NRC shall transmit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate a plan for developing an efficient, risk-informed, technology-neutral framework for advanced reactor licensing. The plan shall evaluate the following subjects, consistent with the NRC’s role in protecting public health and safety and common defense and security:
The unique aspects of advanced reactor licensing and any associated legal, regulatory, and policy issues the NRC will need to address to develop a framework for licensing advanced reactors.
Options for licensing advanced reactors under existing NRC regulations in title 10 of the Code of Federal Regulations, a proposed new regulatory framework, or a combination of these approaches.
Options to expedite and streamline the licensing of advanced reactors, including opportunities to minimize the time from application submittal to final NRC licensing decision and minimize the delays that may result from any necessary amendments or supplements to applications.
Options to expand the incorporation of consensus-based codes and standards into the advanced reactor regulatory framework to minimize time to completion and provide flexibility in implementation.
Options to make the advanced reactor licensing framework more predictable. This evaluation should consider opportunities to improve the process by which application review milestones are established and maintained.
Options to allow applicants to use phased review processes under which the NRC issues approvals that do not require the NRC to re-review previously approved information. This evaluation shall consider the NRC’s ability to review and conditionally approve partial applications, early design information, and submittals that contain design criteria and processes to be used to develop information to support a later phase of the design review.
The extent to which NRC action or modification of policy is needed to implement any part of the plan required by this subsection.
The role of licensing advanced reactors within NRC long-term strategic resource planning, staffing, and funding levels.
Options to provide cost-sharing financial structures for license applicants in a phased licensing process.
Coordination and stakeholder input required— In developing the plan required by subsection (a), the NRC shall seek input from the Department, the nuclear industry, and other public stakeholders.
Cost and schedule estimate— The plan required by subsection (a) shall include proposed cost estimates, budgets, and specific milestones for implementing the advanced reactor regulatory framework by September 30, 2019.
Design certification status— In the NRC’s first budget request after the acceptance of any design certification application for an advanced nuclear reactor, and annually thereafter, the NRC shall provide the status of performance metrics and milestone schedules. The budget request shall include a plan to correct or recover from any milestone schedule delays, including delays because of NRC’s inability to commit resources for its review of the design certification applications.
Sec. 8 Agreements for privately funded reactors
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The Department shall not enter into a new agreement with any private entity to host a privately funded reactor at a Department-owned site that would affect the Federal Government’s liability—
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with respect to the disposal of spent nuclear fuel or high-level radioactive waste, as defined by section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), until the NRC has published a final decision on an application for construction for a repository under section 114(d) of the Nuclear Waste Policy Act (42 U.S.C. 10168(d)); and
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with respect to operation and decommissioning—
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unless such private entity has obtained and is maintaining financial protection of such type and in such amounts as the NRC shall require to cover public liability claims pursuant to section 170 of the Atomic Energy Act; and
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until such private entity has provided reasonable assurance that funds will be available for the decommissioning process pursuant to part 50 of title 10, Code of Federal Regulations.