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Title II — Expanding nuclear energy through advanced nuclear technologies

S. 4897 · 116th Congress · Nov 16, 2020 · Lineage

II Expanding nuclear energy through advanced nuclear technologies

Sec. 201 Advanced nuclear reactor project environmental reviews

(a)
Definition of environmental review process— In this section, the term environmental review process means the environmental review activities carried out by the Commission pursuant to part 51 of title 10, Code of Federal Regulations (or successor regulations).
(b)
Report— Not later than 1 year after the date on which the Commission issues the third operating or combined license for an advanced nuclear reactor, the Commission shall submit to the appropriate committees of Congress a report that—
(1)
describes—
(A)
any differences between the environmental review process for nuclear reactors licensed and in operation as of the date of enactment of this Act and the environmental review process for advanced nuclear reactors;
(B)
ways in which the environmental review process for advanced nuclear reactors could be improved by reducing or eliminating duplicative requirements or requirements that are not applicable to advanced nuclear reactor designs; and
(C)
ways in which environmental regulations other than those promulgated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) could be integrated into the environmental review process for advanced nuclear reactors to reduce the environmental impacts of advanced nuclear reactors; and
(2)
includes an assessment by the Commission of whether it would be beneficial—
(A)
to revise the applicable environmental review process for advanced nuclear reactors; or
(B)
to promulgate new regulations to establish a technology inclusive, risk-informed environmental review process for advanced nuclear reactors.

Sec. 202 Advanced nuclear reactor prizes

Section 103 of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5571) is amended by adding at the end the following:

“(f) Prizes for advanced nuclear reactor licensing

“(1) Prize for advanced nuclear reactor licensing

“(A) In general—Subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first non-Federal entity to which the Commission issues—

“(i) an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or

“(ii) a finding required under section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), for a combined license for an advanced nuclear reactor—

“(I) that is issued under subpart C of part 52 that title (or successor regulations); and

“(II) for which an application has not been approved by the Commission as of the date of enactment of this subsection.

“(B) Amount of award—An award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)).

“(C) Award categories—An award under subparagraph (A) may be made for—

“(i) the first advanced nuclear reactor for which the Commission issues—

“(I) a license in accordance with clause (i) of subparagraph (A); or

“(II) a finding in accordance with clause (ii) of that subparagraph;

“(ii) an advanced nuclear reactor that—

“(I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)) or depleted uranium as fuel for the advanced nuclear reactor; and

“(II) is the first advanced nuclear reactor described in subclause (I) for which the Commission issues—

“(aa) a license in accordance with clause (i) of subparagraph (A); or

“(bb) a finding in accordance with clause (ii) of that subparagraph; and

“(iii) an advanced nuclear reactor that—

“(I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and

“(II) is the first advanced nuclear reactor described in subclause (I) for which the Commission issues—

“(aa) a license in accordance with clause (i) of subparagraph (A); or

“(bb) a finding in accordance with clause (ii) of that subparagraph.

“(2) Federal funding limitation—An award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352)) by the entity receiving the award for licensing costs relating to the project for which the award is made.”

Sec. 203 New nuclear energy project application reviews

(a)
Production, utilization, or fuel facility located at an existing site— In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production, utilization, or fuel facility located at the site of a licensed production, utilization, or fuel facility, the Commission, to the maximum extent practicable, shall use information that was part of the licensing basis of the licensed production, utilization, or fuel facility.
(b)
Relationship to other law— Nothing in this section exempts the Commission from any requirement to be fully compliant with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(c)
Use of new information and analyses— Nothing in this section precludes the Commission from using new information or new scientific or technical analyses that are applicable to the review of an application described in subsection (a).

Sec. 204 Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications

(a)
In general— Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this section as the report) addressing any unique licensing issues or requirements relating to—
(1)
the flexible operation of nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications;
(2)
the use of advanced nuclear reactors exclusively for nonelectric applications; and
(3)
the colocation of nuclear reactors with industrial plants or other facilities.
(b)
Stakeholder input— In developing the report, the Commission shall seek input from—
(1)
the Secretary;
(2)
the nuclear energy industry;
(3)
technology developers;
(4)
the industrial, chemical, and medical sectors;
(5)
nongovernmental organizations; and
(6)
other public stakeholders.
(c)
Contents—
(1)
In general— The report shall describe—
(A)
any unique licensing issues or requirements relating to the matters described in paragraphs (1) through (3) of subsection (a), including, with respect to the nonelectric applications referred to in paragraphs (1) and (2) of that subsection, any licensing issues or requirements relating to the use of nuclear energy in—
(i)
hydrogen or other liquid and gaseous fuel or chemical production;
(ii)
water desalination and wastewater treatment;
(iii)
heat for industrial processes;
(iv)
district heating;
(v)
energy storage;
(vi)
industrial or medical isotope production; and
(vii)
other applications, as identified by the Commission;
(B)
options for addressing those issues or requirements—
(i)
within the existing regulatory framework;
(ii)
as part of the technology-inclusive regulatory framework required under subsection (a)(4) of section 103 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note; Public Law 115–439) or described in the report required under subsection (e) of that section (Public Law 115–439; 132 Stat. 5575); or
(iii)
through a new rulemaking; and
(C)
the extent to which Commission action is needed to implement any matter described in the report.
(2)
Cost estimates, budgets, and timeframes— The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance in the licensing of nuclear reactors for nonelectric applications.

Sec. 205 Enabling preparations for the demonstration of advanced nuclear reactors on Department sites

(a)
In general— Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as amended by section 101(c)) is amended by adding at the end the following:

“(v) Costs for—

“(I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site; and

“(II) pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site.”

(b)
Effective date— The amendment made by subsection (a) shall take effect on October 1, 2021.

Sec. 206 Regulatory requirements for micro-reactors

(a)
In general— The Commission shall develop risk-informed and performance-based strategies and guidance to support a timely and efficient licensing and regulatory process for micro-reactors that takes into consideration—
(1)
the unique characteristics of micro-reactors; and
(2)
the development timeframes of micro-reactors.
(b)
Implementation— The Commission shall implement the strategies and guidance developed under subsection (a)—
(1)
not later than the date on which the technology-inclusive regulatory framework required under section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note; Public Law 115–439) is established; and
(2)
in a manner that is consistent with that technology-inclusive regulatory framework.