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Title II — Developing and deploying new nuclear technologies

S. 1111 · 118th Congress · Mar 30, 2023 · Lineage

II Developing and deploying new nuclear technologies

Sec. 201 Fees for advanced nuclear reactor application review

(a)
Definitions— Section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note; Public Law 115–439) is amended—
(1)
by redesignating paragraphs (2) through (15) as paragraphs (3), (5), (6), (7), (8), (9), (11), (14), (15), (16), (17), (18), (19), and (20), respectively;
(2)
by inserting after paragraph (1) the following:

“(2) Advanced nuclear reactor applicant—The term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application to receive a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).”

(3)
by inserting after paragraph (3) (as so redesignated) the following:

“(4) Agency support—The term agency support means the resources of the Commission that are located in executive, administrative, and other support offices of the Commission, as described in the document of the Commission entitled “FY 2022 Final Fee Rule Work Papers” (or a successor document).”

(4)
by inserting after paragraph (9) (as so redesignated) the following:

“(10) Hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program—The term hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program means the quotient obtained by dividing—

“(A) the full-time equivalent rate (within the meaning of the document of the Commission entitled “FY 2022 Final Fee Rule Work Papers” (or a successor document)) for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by

“(B) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in subparagraph (A) (or a successor document).”

(5)
by inserting after paragraph (11) (as so redesignated) the following:

“(12) Mission-direct program salaries and benefits for the Nuclear Reactor Safety Program—The term mission-direct program salaries and benefits for the Nuclear Reactor Safety Program means the resources of the Commission that are allocated to the Nuclear Reactor Safety Program (as determined by the Commission) to perform core work activities committed to fulfilling the mission of the Commission to protect public health and safety, promote the common defense and security, and protect the environment, as described in the document of the Commission entitled “FY 2022 Final Fee Rule Work Papers” (or a successor document).

“(13) Mission-indirect program support—The term mission-indirect program support means the resources of the Commission that support the core mission-direct activities for the Nuclear Reactor Safety Program of the Commission (as determined by the Commission), as described in the document of the Commission entitled “FY 2022 Final Fee Rule Work Papers” (or a successor document).”

(b)
Excluded activities— 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)(1)(B)) is amended by adding at the end the following:

“(v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed to advanced nuclear reactor applicants.”

(c)
Fees for service or thing of value— Section 102(b) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)) is amended by striking paragraph (2) and inserting the following:

“(2) Fees for service or thing of value

“(A) In general—In accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees 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.

“(B) Advanced nuclear reactor applicants—The hourly rate charged for fees assessed to advanced nuclear reactor applicants under this paragraph relating to the review of a submitted application described in section 3(1) shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program.”

(d)
Effective date— The amendments made by this section shall take effect on October 1, 2024.

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) Definition of eligible entity—In this subsection, the term eligible entity means—

“(A) a non-Federal entity; and

“(B) the Tennessee Valley Authority.

“(2) Prize for advanced nuclear reactor licensing

“(A) In general—Notwithstanding section 169 of the Atomic Energy Act of 1954 (42 U.S.C. 2209) and 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 eligible entity—

“(i) to which the Commission issues 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) for which the Commission makes a finding described in section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear reactor—

“(I) that is issued under subpart C of part 52 of 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 eligible 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—

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

“(II) makes 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—

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

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

“(iii) an advanced nuclear reactor that—

“(I) is a nuclear integrated energy system—

“(aa) that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies;

“(bb) in which not fewer than 1 subsystem described in item (aa) is a nuclear energy system; and

“(cc) the purpose of which is—

“(AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and

“(BB) to maximize energy production and efficiency; and

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

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

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

“(iv) an advanced 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—

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

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

“(v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regulatory framework established under subsection (a)(4).

“(3) 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 eligible entity receiving the award for licensing costs relating to the project for which the award is made.”

Sec. 203 Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications

(a)
In general— Not later than 270 days 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 of Energy;
(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 of the Commission;
(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. 204 Enabling preparations for the demonstration of advanced nuclear reactors on Department of Energy 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 201(b)) is amended by adding at the end the following:

“(vi) 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, 2024.

Sec. 205 Clarification on fusion regulation

Section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note; Public Law 115–439) is amended—
(1)
by striking “Not later” and inserting the following:

“(A) In general—Not later”

(2)
by adding at the end the following:

“(B) Exclusion of fusion reactors—For purposes of subparagraph (A), the term advanced reactor applicant does not include an applicant seeking a license for a fusion reactor.”

Sec. 206 Regulatory issues for nuclear facilities at brownfield sites

(a)
Definitions—
(1)
Brownfield site— The term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(2)
Production facility— The term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(3)
Retired fossil fuel site— The term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down.
(4)
Utilization facility— The term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(b)
Identification of regulatory issues—
(1)
In general— Not later than 1 year after the date of enactment of this Act, the Commission shall evaluate the extent to which modification of regulations, guidance, or policy is needed to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites.
(2)
Requirement— In carrying out paragraph (1), the Commission shall consider how licensing reviews for production facilities or utilization facilities at brownfield sites may be expedited by considering matters relating to siting and operating a production facility or a utilization facility at or near a retired fossil fuel site to support the reuse of existing site infrastructure, including—
(A)
electric switchyard components and transmission infrastructure;
(B)
heat-sink components;
(C)
steam cycle components;
(D)
roads;
(E)
railroad access; and
(F)
water availability.
(3)
Report— Not later than 14 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing any regulations, guidance, and policies identified under paragraph (1).
(c)
Licensing—
(1)
In general— Not later than 2 years after the date of enactment of this Act, the Commission shall—
(A)
develop and implement strategies to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites; or
(B)
initiate a rulemaking to enable timely licensing reviews for, and to support the oversight of, of production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites.
(2)
Requirements— In carrying out paragraph (1), consistent with the role of the Commission in protecting public health and safety and the common defense and security, the Commission shall consider matters relating to—
(A)
the use of existing site infrastructure;
(B)
existing emergency preparedness organizations and planning;
(C)
the availability of historical site-specific environmental data;
(D)
previously approved environmental reviews required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(E)
activities associated with the potential decommissioning of facilities or decontamination and remediation at brownfield sites; and
(F)
community engagement and historical experience with energy production.
(d)
Report— Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing the actions taken by the Commission under subsection (c).

Sec. 207 Appalachian Regional Commission nuclear energy development

(a)
In general— Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following:

“14512. Appalachian Regional Commission nuclear energy development

“(a) Definitions—In this section:

“(1) Brownfield site—The term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

“(2) Production facility—The term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).

“(3) Retired Fossil Fuel Site—The term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down.

“(4) Utilization facility—The term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).

“(b) Authority—The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—

“(1) to conduct research and analysis regarding the economic impact of siting, constructing, and operating a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site;

“(2) to assist with workforce training or retraining to perform activities relating to the siting and operation of a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; and

“(3) to engage with the Nuclear Regulatory Commission, the Department of Energy, and other Federal agencies with expertise in civil nuclear energy.

“(c) Limitation on available amounts—Of the cost of any project or activity eligible for a grant under this section—

“(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section;

“(2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and

“(3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section.

“(d) Sources of assistance—Subject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available—

“(1) under any other Federal program; or

“(2) from any other source.

“(e) Federal share—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.”

(b)
Authorization of appropriations— Section 14703 of title 40, United States Code, is amended—
(1)
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
(2)
by inserting after subsection (d) the following:

“(e) Appalachian Regional Commission nuclear energy development—Of the amounts made available under subsection (a), $5,000,000 may be used to carry out section 14512 for each of fiscal years 2023 through 2026.”

(c)
Clerical amendment— The analysis for subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by striking the item relating to section 14511 and inserting the following: