---
kind: "section"
citation: "42 U.S.C. § 18753"
title: "42"
title_heading: "The Public Health and Welfare"
number: "18753"
heading: "Civil nuclear credit program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/18753"
units:
  - "Chapter 162 — Energy Infrastructure"
  - "Subchapter III — Fuels and Technology Infrastructure Investments"
  - "Part A — Nuclear Energy Infrastructure"
---

# §18753. Civil nuclear credit program

- (a) **Definitions—** In this section:
  - (1) **Certified nuclear reactor—** The term “certified nuclear reactor” means a nuclear reactor that—
    - (A) competes in a competitive electricity market; and
    - (B) is certified under [subsection (c)(2)(A)(i)](#c-2-A-i) to submit a sealed bid in accordance with [subsection (d)](#d).
  - (2) **Credit—** The term “credit” means a credit allocated to a certified nuclear reactor under [subsection (e)(2)](#e-2).
- (b) **Establishment of program—** The [Secretary](/usc/42/18701.md?p=3) shall establish a civil nuclear credit [program](/usc/42/18791.md?p=2)—
  - (1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and
  - (2) to allocate credits to certified nuclear reactors that are selected under [paragraph (1)(B)](#e-1-B) of subsection (e) to receive credits under [paragraph (2)](#b-2) of that subsection.
- (c) **Certification—**
  - (1) **Application—**
    - (A) **In general—** In order to be certified under [paragraph (2)(A)(i)](#c-2-A-i), the [owner](/usc/42/13641.md?p=4) or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the [Secretary](/usc/42/18701.md?p=3) an application at such time, in such manner, and containing such information as the [Secretary](/usc/42/18701.md?p=3) determines to be appropriate, including—
      - (i) information on the operating costs necessary to make the determination described in [paragraph (2)(A)(ii)(I)](#c-2-A-ii-I), including—
        - (I) the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated;
        - (II) any private or publicly available data with respect to current or projected bulk power market prices;
        - (III) out-of-market revenue streams;
        - (IV) operations and maintenance costs;
        - (V) capital costs, including fuel; and
        - (VI) operational and market risks;
      - (ii) an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations;
      - (iii) known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and
      - (iv) a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated—
        - (I) without receiving additional credits; or
        - (II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period.
    - (B) **Timeline—** The [Secretary](/usc/42/18701.md?p=3) shall accept applications described in [subparagraph (A)](#c-1-A)—
      - (i) until the date that is 120 days after November 15, 2021; and
      - (ii) not less frequently than every year thereafter.
    - (C) **Payments from State programs—**
      - (i) **In general—** The [owner](/usc/42/13641.md?p=4) or operator of a nuclear reactor that receives a payment from a [State](/usc/42/18791.md?p=3) zero-emission credit, a [State](/usc/42/18791.md?p=3) clean energy contract, or any other [State](/usc/42/18791.md?p=3) [program](/usc/42/18791.md?p=2) with respect to that nuclear reactor shall be eligible to submit an application under [subparagraph (A)](#c-1-A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on November 15, 2021.
      - (ii) **Requirement—** An application submitted by an [owner](/usc/42/13641.md?p=4) or operator described in [clause (i)](#c-1-C-i) with respect to a nuclear reactor described in that clause shall include all projected payments from [State](/usc/42/18791.md?p=3) [programs](/usc/42/18791.md?p=2) in determining the average projected annual operating loss described in [subparagraph (A)(i)(I)](#c-1-A-i-I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments.
  - (2) **Determination to certify—**
    - (A) **Determination—**
      - (i) **In general—** Not later than 60 days after the applicable date under [subparagraph (B)](#c-1-B) of paragraph (1), the [Secretary](/usc/42/18701.md?p=3) shall determine whether to certify, in accordance with clauses [(ii)](#c-2-A-ii) and [(iii)](#c-2-A-iii), each nuclear reactor for which an application is submitted under [subparagraph (A)](#c-2-A) of that paragraph.
      - (ii) **Minimum requirements—** To the maximum extent practicable, the [Secretary](/usc/42/18701.md?p=3) shall only certify a nuclear reactor under [clause (i)](#c-2-A-i) if—
        - (I) after considering the information submitted under [paragraph (1)(A)(i)](#c-1-A-i), the [Secretary](/usc/42/18701.md?p=3) determines that the nuclear reactor is projected to cease operations due to economic factors;
        - (II) after considering the estimate submitted under [paragraph (1)(A)(ii)](#c-1-A-ii), the [Secretary](/usc/42/18701.md?p=3) determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and
        - (III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor—
          - (aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations)[^1] of the nuclear reactor; and
          - (bb) poses no significant safety hazards.
      - (iii) **Priority—** In determining whether to certify a nuclear reactor under [clause (i)](#c-2-A-i), the [Secretary](/usc/42/18701.md?p=3) shall give priority to a nuclear reactor that uses, to the maximum extent available, uranium that is produced, converted, enriched, and fabricated into fuel assemblies in the United States.
    - (B) **Notice—** For each application received under [paragraph (1)(A)](#c-1-A), the [Secretary](/usc/42/18701.md?p=3) shall provide to the applicable [owner](/usc/42/13641.md?p=4) or operator, as applicable—
      - (i) a notice of the certification of the applicable nuclear reactor; or
      - (ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied.
- (d) **Bidding process—**
  - (1) **In general—** Subject to [paragraph (2)](#d-2), the [Secretary](/usc/42/18701.md?p=3) shall establish a deadline by which each certified nuclear reactor shall submit to the [Secretary](/usc/42/18701.md?p=3) a sealed bid that—
    - (A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in [subsection (c)(1)(A)(i)(I)](#c-1-A-i-I); and
    - (B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated.
  - (2) **Requirement—** The deadline established under [paragraph (1)](#d-1) shall be not later than 30 days after the first date on which the [Secretary](/usc/42/18701.md?p=3) has made the determination described in [paragraph (2)(A)(i)](#c-2-A-i) of subsection (c) with respect to each application submitted under [paragraph (1)(A)](#d-1-A) of that subsection.
- (e) **Allocation—**
  - (1) **Auction—** Notwithstanding [section 2209 of this title](/usc/42/2209.md), the [Secretary](/usc/42/18701.md?p=3) shall—
    - (A) in consultation with the heads of applicable Federal [agencies](/usc/42/8262.md?p=1), establish a process for evaluating bids submitted under [subsection (d)(1)](#d-1) through an auction process; and
    - (B) select certified nuclear reactors to be allocated credits.
  - (2) **Credits—** Subject to [subsection (f)(2)](#f-2), on selection under [paragraph (1)](#e-1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of the selection.
  - (3) **Requirement—** To the maximum extent practicable, the [Secretary](/usc/42/18701.md?p=3) shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible.
- (f) **Renewal—**
  - (1) **In general—** The [owner](/usc/42/13641.md?p=4) or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section.
  - (2) **Limitation—** Notwithstanding any other provision of this section, the [Secretary](/usc/42/18701.md?p=3) may not allocate any credits after September 30, 2031.
- (g) **Additional requirements—**
  - (1) **Audit—** During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the [Secretary](/usc/42/18701.md?p=3) shall periodically audit the certified nuclear reactor.
  - (2) **Recapture—** The [Secretary](/usc/42/18701.md?p=3) shall, by regulation, provide for the recapture of the [allocation](/usc/42/2021b.md?p=2) of any credit to a certified nuclear reactor that, during the period described in [paragraph (1)](#g-1)—
    - (A) terminates operations; or
    - (B) does not operate at an annual loss in the absence of an [allocation](/usc/42/2021b.md?p=2) of credits to the certified nuclear reactor.
  - (3) **Confidentiality—** The [Secretary](/usc/42/18701.md?p=3) shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used.
- (h) **Report—** Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include—
  - (1) an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability;
  - (2) a quantification of the ratepayer savings achieved under this section; and
  - (3) any recommendations to renew or expand the credits.
- (i) **Authorization of appropriations—** There is authorized to be appropriated to the [Secretary](/usc/42/18701.md?p=3) to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026.

## Footnotes

[^1]: So in original. Probably should be followed by a second closing parenthesis.

## Source credit

(Pub. L. 117–58, div. D, title III, § 40323, Nov. 15, 2021, 135 Stat. 1019.)

## Notes

### Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.