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Notes

S. 512 — what changed

Nuclear Energy Innovation and Modernization Act

From Reported in Senate to Engrossed in Senate. 10 sections amended, 3 added, and 2 removed between Reported in Senate and Engrossed in Senate.

Sec. 2 Purpose

changed Congress finds that—The purpose of this Act is to provide—

(1)
changed a program to develop the safe expertise and secure operation of nuclear reactors in the United States must remain regulatory processes necessary to allow innovation and the paramount focus commercialization of the Nuclear Regulatory Commission;advanced nuclear reactors;
(2)
changed a revised fee recovery structure to ensure the existing fleet availability of nuclear reactors in the United States is operating safely and securely;resources to meet industry needs without burdening existing licensees unfairly for inaccurate workload projections or premature existing reactor closures; and
(3)
changed 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 more efficient regulation of emissions-free electricity generation in the United States;uranium recovery.
(4)
removed a 1,000-megawatt nuclear plant—
(A)
removed provides approximately 500 permanent jobs;
(B)
removed pays approximately $40,000,000 annually in wages;
(C)
removed generates approximately $470,000,000 annually in goods and services in the local community; and
(D)
removed pays approximately $83,000,000 annually in Federal, State, and local taxes;
(5)
removed nuclear energy is of critical importance to United States energy security and worldwide influence on nonproliferation;
(6)
removed 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)
removed 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)
removed the future global and United States energy supply; and
(B)
removed the exports, manufacturing, and economy of the United States;
(8)
removed eventual deployment of commercial advanced nuclear reactors will require—
(A)
removed modernizing the regulatory framework; and
(B)
removed making other necessary changes to facilitate the efficient, predictable, and affordable deployment of advanced nuclear reactor technologies;
(9)
removed 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)
removed license application reviews should be as predictable and efficient as practicable without compromising safety or security;
(11)
removed 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)
removed 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)
removed the existing nuclear reactor licensing process does not provide iterative feedback to manage risk as needed for typical technology development and investment cycles;
(14)
removed 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)
removed a technology-inclusive Commission regulatory framework will—
(A)
removed allow greater technological innovation; and
(B)
removed enable inventors, scientists, engineers, and students to pursue licensing advanced reactor concepts;
(16)
removed 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)
removed it is incumbent on the Commission—
(A)
removed to budget appropriate resources to undertake an active role in design familiarization activities with potential applicants with advanced reactor designs;
(B)
removed to budget for adequate resources to conduct licensing reviews and other work requested by licensees and applicants; and
(C)
removed 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
(18)
removed 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 Definitions

changed The purpose of In this Act is to provide—Act:

(1)
changed Advanced nuclear reactor— The term advanced nuclear reactor means a program to develop the expertise and regulatory processes necessary to allow innovation 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 commercialization date of advanced enactment of this Act)), with significant improvements compared to commercial nuclear reactors;reactors under construction as of the date of enactment of this Act, including improvements such as—
(A)
added additional inherent safety features;
(B)
added significantly lower levelized cost of electricity;
(C)
added lower waste yields;
(D)
added greater fuel utilization;
(E)
added enhanced reliability;
(F)
added increased proliferation resistance;
(G)
added increased thermal efficiency; or
(H)
added ability to integrate into electric and nonelectric applications.
(2)
changed Advanced nuclear reactor fuel— a revised fee recovery structure to ensure the availability of resources to meet industry needs without burdening existing licensees unfairly The term advanced nuclear reactor fuel means fuel for inaccurate workload projections or premature existing use in an advanced nuclear reactor closures; andor a research and test reactor, including fuel with a low uranium enrichment level of not greater than 20 percent.
(3)
changed Agreement State— more efficient regulation The term Agreement State means any State with which the Commission has entered into an effective agreement under section 274 b. of uranium recovery.the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)).
(4)
added 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)
added Commission— The term Commission means the Nuclear Regulatory Commission.
(6)
added Conceptual design assessment— The term conceptual design assessment means an early-stage review by the Commission that—
(A)
added assesses preliminary design information for consistency with applicable regulatory requirements of the Commission;
(B)
added is performed on a set of topic areas agreed to in the licensing project plan; and
(C)
added is performed at a cost and schedule agreed to in the licensing project plan.
(7)
added 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 2018 of the Commission.
(8)
added Licensing project plan— The term licensing project plan means a plan that describes—
(A)
added the interactions between an applicant and the Commission; and
(B)
added project schedules and deliverables in specific detail to support long-range resource planning undertaken by the Commission and an applicant.
(9)
added Regulatory framework— The term regulatory framework means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors.
(10)
added Requested activity of the Commission— The term requested activity of the Commission means—
(A)
added the processing of applications for—
(i)
added design certifications or approvals;
(ii)
added licenses;
(iii)
added permits;
(iv)
added license amendments;
(v)
added license renewals;
(vi)
added certificates of compliance; and
(vii)
added power uprates; and
(B)
added any other activity requested by a licensee or applicant.
(11)
added Research and test reactor—
(A)
added In general— The term research and test reactor means a reactor that—
(i)
added 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)
added 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)
added Exclusion— The term research and test reactor does not include a commercial nuclear reactor.
(12)
added Secretary— The term Secretary means the Secretary of Energy.
(13)
added 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)
added 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)
added 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.

Sec. 4 Definitions

removed

removed In this Act:

(1)
removed 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)
removed additional inherent safety features;
(B)
removed significantly lower levelized cost of electricity;
(C)
removed lower waste yields;
(D)
removed greater fuel utilization;
(E)
removed enhanced reliability;
(F)
removed increased proliferation resistance;
(G)
removed increased thermal efficiency; or
(H)
removed ability to integrate into electric and nonelectric applications.
(2)
removed 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)
removed 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)
removed 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.
(5)
removed 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.
(6)
removed Commission— The term Commission means the Nuclear Regulatory Commission.
(7)
removed Conceptual design assessment— The term conceptual design assessment means an early-stage review by the Commission that—
(A)
removed assesses preliminary design information for consistency with applicable regulatory requirements of the Commission;
(B)
removed is performed on a set of topic areas agreed to in the licensing project plan; and
(C)
removed is performed at a cost and schedule agreed to in the licensing project plan.
(8)
removed 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.
(9)
removed Licensing project plan— The term licensing project plan means a plan that describes—
(A)
removed the interactions between an applicant and the Commission; and
(B)
removed project schedules and deliverables in specific detail to support long-range resource planning undertaken by the Commission and an applicant.
(10)
removed Regulatory framework— The term regulatory framework means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear power plants.
(11)
removed Requested activity of the Commission— The term requested activity of the Commission means—
(A)
removed the processing of applications for—
(i)
removed design certifications or approvals;
(ii)
removed licenses;
(iii)
removed permits;
(iv)
removed license amendments;
(v)
removed license renewals;
(vi)
removed certificates of compliance; and
(vii)
removed power uprates; and
(B)
removed any other activity requested by a licensee or applicant.
(12)
removed Research and test reactor—
(A)
removed In general— The term research and test reactor means a reactor that—
(i)
removed 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)
removed 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)
removed Exclusion— The term research and test reactor does not include a commercial advanced nuclear reactor.
(13)
removed Secretary— The term Secretary means the Secretary of Energy.
(14)
removed 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).
(15)
removed 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.
(16)
removed Topical report— The term topical report means a document submitted to the Commission that addresses a technical topic related to nuclear power plant safety or design.

Sec. 101 Nuclear Regulatory Commission user fees and annual charges through fiscal year 2020

(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:

changed “(v) amounts appropriated to the Commission for the fiscal year for activities related to the development of a regulatory framework infrastructure for advanced nuclear reactor technologies, including activities required under section 103 of the Nuclear Energy Innovation and Modernization Act.”

(b)
changed Repeal— Effective October 1, 2019, 2020, 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 2021 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)
changed 30 percent for each of fiscal years 2020 2021 and 2021.2022.
(B)
changed 29 percent for each of fiscal years 2022 2023 and 2023.2024.
(C)
changed 28 percent for fiscal year 2024 2025 and each fiscal year thereafter.
(b)
Fees and charges—
(1)
Annual assessment—
(A)
changed 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 assessed and 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)
changed An activity not attributable to an existing NRC licensee or class of licensee Any fee relief activity, 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)).Commission.
(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)
changed for research and development at universities in areas relevant to the mission of the applicable university;Commission; and
(VI)
changed 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; andengineering.
(VII)
removed for any other fee-relief activity described in the final rule of the Commission entitled “Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015” (80 Fed. Reg. 37432 (June 30, 2015)).
(iii)
Costs for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, including activities required under section 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)
changed Fees for service or thing of value— In accordance with section 9701 of title 31, United States Code, the Commission shall charge assess and collect fees to from 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)
changed Annual fees—charges—
(A)
changed 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.charge in addition to the fees assessed and collected under paragraph (2).
(B)
changed Cap on annual fees charges of certain licensees—
(i)
changed In general—Operating reactors— The annual fee charge 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)
changed Waiver— The Commission may waive, for a period of 1 year, the cap on annual fees charges 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 charges may compromise the safety and security mission of the Commission.
(C)
Amount per licensee—
(i)
changed In general— The Commission shall establish by rule a schedule of fees annual charges fairly and equitably allocating the aggregate amount of charges described in subparagraph (A) among licensees and certificate holders.
(ii)
changed Requirement— The schedule of fees annual charges under clause (i)—
(I)
changed to the maximum extent practicable, shall be based on reasonably related to 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)
changed 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)
changed Accurate invoicing— With respect to invoices for fees and charges described in subsection (b)(2), the Commission shall—
(1)
changed ensure appropriate management review and concurrence approval prior to the issuance of invoices;
(2)
develop and implement processes to audit invoices to ensure accuracy, transparency, and fairness; and
(3)
changed 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.those fees.
(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)
changed Effective date— Except as provided in subsection (c), this section takes effect on October 1, 2019.2020.

Sec. 103 Advanced nuclear reactor program

(a)
changed Licensing of commercial advanced nuclear reactors—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)
changed 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 frameworks, 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)
changed Technology-inclusive regulatory framework— Not later than December 31, 2024, 2027, 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)
changed Authorization of appropriations— There are is authorized to be appropriated to the Commission to carry out this subsection such sums as are necessary.$14,420,000 for each of fiscal years 2020 through 2024.
(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)
changed report 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)
changed 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)
changed 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)
changed 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;2027;
(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 Baffle-former bolt guidance

(a)
changed Establishment—Revisions to guidance— The Secretary shall establish a grant program to be known as Not later than 90 days after the “Advanced Nuclear Energy Cost-Share Grant Program” (referred to in date of enactment of this section as the program), under which Act, the Secretary Commission shall make cost-share grants publish any necessary revisions to applicants for the purpose of funding a portion of the Commission fees of guidance on the applicant for pre-application baseline examination schedule and application review activities.subsequent examination frequency for baffle-former bolts in pressurized water reactors with down-flow configurations.
(b)
changed Requirement—Report— The Secretary Not later than 90 days after the date of enactment of this Act, the Commission shall seek out technology diversity in making grants under submit to the program.appropriate congressional committees—
(1)
added a report explaining any revisions made to the guidance described in subsection (a); or
(2)
added if no revisions were made, a report explaining why the guidance, as in effect on the date of submission of the report, is sufficient.
(c)
removed Cost-Share amount— The Secretary shall determine the cost-share amount for each grant.
(d)
removed Use of funds— Recipients of grants under the program may use the grant funds to cover Commission fees, including those fees associated with—
(1)
removed developing a licensing project plan;
(2)
removed obtaining a conceptual design assessment;
(3)
removed reviewing topical reports; and
(4)
removed other pre-application and application review activities and interactions with the Commission.
(e)
removed Authorization of appropriations— There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary.

Sec. 105 Evacuation report

(a)
changed Revisions to guidance—In general— Not later than September 30, 2017, 180 days after the date of enactment of this Act, the Commission shall publish any necessary revisions submit to the guidance on appropriate congressional committees a report describing the baseline examination schedule actions the Commission has taken, or plans to take, to consider lessons learned since September 11, 2001, Superstorm Sandy, Fukushima, and subsequent examination frequency for baffle-former bolts other recent natural disasters regarding directed or spontaneous evacuations in pressurized water reactors with down-flow configurations.densely populated urban and suburban areas.
(b)
changed Report—Inclusions— Not later than September 30, 2017, the Commission shall submit to the appropriate congressional committees—The report under subsection (a) shall—
(1)
changed a report explaining any revisions made to describe the guidance described in subsection (a); oractions of the Commission—
(A)
added to consider the results from—
(i)
added the State-of-the-Art Reactor Consequence Analyses project; and
(ii)
added the current examination by the Commission of emergency planning zones for small modular reactors and advanced nuclear reactors; and
(B)
added to monitor international reviews, including reviews conducted by—
(i)
added the United Nations Scientific Committee on the Effects of Atomic Radiation;
(ii)
added the World Health Organization; and
(iii)
added the Fukushima Health Management Survey; and
(2)
changed if no revisions were made, with respect to a report explaining why the guidance, as disaster similar to a disaster described in effect on the date of submission of the report, is sufficient.subsection (a), include information about—
(A)
added potential shadow evacuations in response to the disaster; and
(B)
added what levels of self-evacuation should be expected during the disaster, including outside the 10-mile evacuation zone.
(c)
added Consultation required— The report under subsection (a) shall be prepared after consultation with—
(1)
added the Federal Radiological Preparedness Coordinating Committee;
(2)
added State emergency planning officials from States that the Commission determines to be relevant to the report; and
(3)
added experts in analyzing human behavior and probable responses to a radiological emission event.

Sec. 106 Encouraging private investment in research and test reactors

(a)
changed In general—Purpose— Not later than 90 days after the date of enactment The purpose 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, section is to consider lessons learned since September 11, 2001, Superstorm Sandy, Fukushima, and other recent natural disasters regarding directed or spontaneous evacuations encourage private investment in densely populated urban research and suburban areas.test reactors.
(b)
changed Inclusions—Research and development activities— The report under subsection (a) shall—Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amended—
(1)
changed describe in the actions first sentence, by striking “and which are not facilities of the Commission—type specified in subsection 104 b.” and inserting a period; and
(A)
removed to consider the results from—
(i)
removed the State-of-the-Art Reactor Consequence Analyses project; and
(ii)
removed the current examination by the Commission of emergency planning zones for small modular reactors and advanced nuclear reactors; and
(B)
removed to monitor international reviews, including reviews conducted by—
(i)
removed the United Nations Scientific Committee on the Effects of Atomic Radiation;
(ii)
removed the World Health Organization; and
(iii)
removed the Fukushima Health Management Survey; and
(2)
changed with respect to a disaster similar by adding at the end the following: “The Commission is authorized to a disaster described issue licenses under this section for utilization facilities useful in subsection (a), include information about—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.”.
(A)
removed potential shadow evacuations in response to the disaster; and
(B)
removed what levels of self-evacuation should be expected during the disaster, including outside the 10-mile evacuation zone.
(c)
removed Consultation required— The report under subsection (a) shall be prepared after consultation with—
(1)
removed the Federal Radiological Preparedness Coordinating Committee;
(2)
removed State emergency planning officials from States that the Commission determines to be relevant to the report; and
(3)
removed experts in analyzing human behavior and probable responses to a radiological emission event.

Sec. 107 Commission report on accident tolerant fuel

added
(a)
added Definition of accident tolerant fuel— In this section, the term accident tolerant fuel means a new technology that—
(1)
added 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)
added lowers the cost of electricity over the licensed lifetime of an existing commercial nuclear reactor.
(b)
added 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.

Sec. 108 Report identifying best practices for establishment and operation of local community advisory boards

added
(a)
added Best practices report— Not later than 18 months after the date of enactment of this Act, the Commission shall submit to Congress, and make publicly available, a report identifying best practices with respect to the establishment and operation of a local community advisory board to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect, including lessons learned from any such board in existence before the date of enactment of this Act.
(b)
added Contents— The report described in subsection (a) shall include—
(1)
added a description of—
(A)
added the topics that could be brought before a local community advisory board;
(B)
added how such a board’s input could be used to inform the decision-making processes of stakeholders for various decommissioning activities;
(C)
added what interactions such a board could have with the Commission and other Federal regulatory bodies to support the board members’ overall understanding of the decommissioning process and promote dialogue between the affected stakeholders and the licensee involved in decommissioning activities; and
(D)
added how such a board could offer opportunities for public engagement throughout all phases of the decommissioning process;
(2)
added a discussion of the composition of a local community advisory board; and
(3)
added best practices relating to the establishment and operation of a local community advisory board, including—
(A)
added the time of establishment of such a board;
(B)
added the frequency of meetings of such a board;
(C)
added the selection of board members;
(D)
added the term of board members;
(E)
added the responsibility for logistics required to support such a board’s meetings and other routine activities; and
(F)
added any other best practices relating to such a local community advisory board that are identified by the Commission.
(c)
added Consultation— In developing the report described under subsection (a), the Commission shall consult with any host State, any community within the emergency planning zone of an applicable nuclear power reactor, and any existing local community advisory board.
(d)
added Public meetings—
(1)
added In general— The consultation required under subsection (c) shall include public meetings.
(2)
added Public participation— The public meetings under paragraph (1) shall be conducted under the requirements applicable to category 3 meetings under the policy statement of the Commission entitled “Enhancing Public Participation in NRC Meetings; Policy Statement” (67 Fed. Reg. 36920 (May 28, 2002)) (or a successor policy statement).
(3)
added Number of meetings—
(A)
added In general— The Commission shall conduct not less than 10 public meetings under paragraph (1) in locations that ensure geographic diversity across the United States.
(B)
added Priority— In determining locations in which to conduct a public meeting under subparagraph (A), the Commission shall give priority to States that—
(i)
added have a nuclear power reactor currently undergoing the decommissioning process; and
(ii)
added request a public meeting under this paragraph.
(4)
added Written summary— The report under subsection (a) shall include a written summary of the public meetings conducted under paragraph (1).

Sec. 109 Report on study recommendations

added

added Not later than 90 days after the date of enactment of this Act, the Commission shall submit to Congress a report describing the status of addressing and implementing the recommendations contained in the memorandum of the Executive Director of Operations of the Commission entitled “Tasking in Response to the Assessment of the Considerations Identified in a “Study of Reprisal and Chilling Effect for Raising Mission-Related Concerns and Differing Views at the Nuclear Regulatory Commission”” and dated June 19, 2018 (ADAMS Accession No.: ML18165A296).

Sec. 201 Uranium recovery report

changed Not later than December 31, 2017, 90 days after the date of enactment of this Act, the Commission shall submit to the appropriate congressional committees a report describing—

(1)
removed the safety and feasibility of extending the duration of uranium recovery licenses from 10 to 20 years, including any potential benefits of the extension;
(1)
renumbered was (4) the duration of uranium recovery license issuance and amendment reviews; and
(2)
renumbered was (5) recommendations to improve efficiency and transparency of uranium recovery license issuance and amendment reviews.

Sec. 202 Pilot program for uranium recovery fees

changed Not later than July 31, 2018, 1 year after the date of enactment of this Act, 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

removed

removed Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10) is amended—

(1)
removed by redesignating subsections (b) through (f) as subsections (d) through (h), respectively;
(2)
removed by striking subsection (a) and inserting the following:

removed “(a) Definitions—In this section:

removed “(1) Depleted uranium—The term depleted uranium means uranium having an assay less than the assay for—

removed “(A) natural uranium; or

removed “(B) 0.711 percent of the uranium-235 isotope.

removed “(2) Highly enriched uranium—The term highly enriched uranium means uranium having an assay of 20 percent or greater of the uranium-235 isotope.

removed “(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.

removed “(4) Metric ton of uranium—The term metric ton of uranium means 1,000 kilograms of uranium.

removed “(5) Natural uranium—The term natural uranium means uranium having an assay of 0.711 percent of the uranium-235 isotope.

removed “(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).

removed “(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.

removed “(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.

removed “(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.

removed “(c) Development of Federal excess uranium management plan

removed “(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.

removed “(2) Content

removed “(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.

removed “(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.

removed “(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.

removed “(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.

removed “(4) Deadlines for submission—The Secretary shall issue—

removed “(A) a proposed plan for public comment under paragraph (3) not later than 180 days after the date of enactment of this paragraph; and

removed “(B) a final plan not later than 1 year after the date of enactment of this paragraph.”

(3)
removed in subsection (d) (as redesignated by paragraph (1))—
(A)
removed 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)
removed in paragraph (8), by striking “(b)”;
(4)
removed in subsection (e)(1) (as redesignated by paragraph (1)), by striking “subsection (c)(2)” and inserting “paragraph (2)”;
(5)
removed in subsection (f) (as redesignated by paragraph (1))—
(A)
removed by striking paragraph (1) and inserting the following:

removed “(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:

removed “(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.

removed “(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.”

(B)
removed 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:

removed “(2) Determinations—Except as provided in subsections (d), (e), and (g), and subject to paragraph (3)”

(C)
removed by adding at the end the following:

removed “(3) Requirements for determinations

removed “(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.

removed “(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.

removed “(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).”

(6)
removed in subsection (g) (as redesignated by paragraph (1)), in the matter preceding paragraph (1), by striking “(d)(2)” and inserting “(f)(2)”.