[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Engrossed in Senate (ES)]
<DOC>
115th CONGRESS
2d Session
S. 512
_______________________________________________________________________
AN ACT
To modernize the regulation of nuclear energy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Energy
Innovation and Modernization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES
Sec. 101. Nuclear Regulatory Commission user fees and annual charges
through fiscal year 2020.
Sec. 102. Nuclear Regulatory Commission user fees and annual charges
for fiscal year 2021 and each fiscal year
thereafter.
Sec. 103. Advanced nuclear reactor program.
Sec. 104. Baffle-former bolt guidance.
Sec. 105. Evacuation report.
Sec. 106. Encouraging private investment in research and test reactors.
Sec. 107. Commission report on accident tolerant fuel.
Sec. 108. Report identifying best practices for establishment and
operation of local community advisory
boards.
Sec. 109. Report on study recommendations.
TITLE II--URANIUM
Sec. 201. Uranium recovery report.
Sec. 202. Pilot program for uranium recovery fees.
SEC. 2. PURPOSE.
The purpose of this Act is to provide--
(1) a program to develop the expertise and regulatory
processes necessary to allow innovation and the
commercialization of advanced nuclear reactors;
(2) a revised fee recovery structure to ensure the
availability of resources to meet industry needs without
burdening existing licensees unfairly for inaccurate workload
projections or premature existing reactor closures; and
(3) more efficient regulation of uranium recovery.
SEC. 3. DEFINITIONS.
In this Act:
(1) 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) additional inherent safety features;
(B) significantly lower levelized cost of
electricity;
(C) lower waste yields;
(D) greater fuel utilization;
(E) enhanced reliability;
(F) increased proliferation resistance;
(G) increased thermal efficiency; or
(H) ability to integrate into electric and
nonelectric applications.
(2) 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) 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) 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) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(6) Conceptual design assessment.--The term ``conceptual
design assessment'' means an early-stage review by the
Commission that--
(A) assesses preliminary design information for
consistency with applicable regulatory requirements of
the Commission;
(B) is performed on a set of topic areas agreed to
in the licensing project plan; and
(C) is performed at a cost and schedule agreed to
in the licensing project plan.
(7) 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) Licensing project plan.--The term ``licensing project
plan'' means a plan that describes--
(A) the interactions between an applicant and the
Commission; and
(B) project schedules and deliverables in specific
detail to support long-range resource planning
undertaken by the Commission and an applicant.
(9) Regulatory framework.--The term ``regulatory
framework'' means the framework for reviewing requests for
certifications, permits, approvals, and licenses for nuclear
reactors.
(10) Requested activity of the commission.--The term
``requested activity of the Commission'' means--
(A) the processing of applications for--
(i) design certifications or approvals;
(ii) licenses;
(iii) permits;
(iv) license amendments;
(v) license renewals;
(vi) certificates of compliance; and
(vii) power uprates; and
(B) any other activity requested by a licensee or
applicant.
(11) Research and test reactor.--
(A) In general.--The term ``research and test
reactor'' means a reactor that--
(i) 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) 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) Exclusion.--The term ``research and test
reactor'' does not include a commercial nuclear
reactor.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(13) 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) 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) 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.
TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES
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:
``(v) amounts appropriated to the
Commission for the fiscal year for activities
related to the development of regulatory
infrastructure for advanced nuclear reactor
technologies, including activities required
under section 103 of the Nuclear Energy
Innovation and Modernization Act.''.
(b) Repeal.--Effective October 1, 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) 30 percent for each of fiscal years 2021 and
2022.
(B) 29 percent for each of fiscal years 2023 and
2024.
(C) 28 percent for fiscal year 2025 and each fiscal
year thereafter.
(b) Fees and Charges.--
(1) Annual assessment.--
(A) 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) Any fee relief activity, as identified
by the 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) for research and development at
universities in areas relevant to the
mission of the Commission; and
(VI) 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.
(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) Fees for service or thing of value.--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.
(3) Annual charges.--
(A) 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 charge in addition to the fees
assessed and collected under paragraph (2).
(B) Cap on annual charges of certain licensees.--
(i) Operating reactors.--The annual 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) Waiver.--The Commission may waive, for
a period of 1 year, the cap on annual 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
charges may compromise the safety and security
mission of the Commission.
(C) Amount per licensee.--
(i) In general.--The Commission shall
establish by rule a schedule of annual charges
fairly and equitably allocating the aggregate
amount of charges described in subparagraph (A)
among licensees and certificate holders.
(ii) Requirement.--The schedule of annual
charges under clause (i)--
(I) to the maximum extent
practicable, shall be 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) 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) Accurate Invoicing.--With respect to invoices for fees
described in subsection (b)(2), the Commission shall--
(1) ensure appropriate review and approval prior to the
issuance of invoices;
(2) develop and implement processes to audit invoices to
ensure accuracy, transparency, and fairness; and
(3) 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 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) Effective Date.--Except as provided in subsection (c), this
section takes effect on October 1, 2020.
SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.
(a) 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) 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 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) Technology-inclusive regulatory framework.--Not later
than December 31, 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) Authorization of appropriations.--There is authorized
to be appropriated to the Commission to carry out this
subsection $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) 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) 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) 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) 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, 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) Revisions to Guidance.--Not later than 90 days after the date
of enactment of this Act, the Commission shall publish any necessary
revisions to the guidance on the baseline examination schedule and
subsequent examination frequency for baffle-former bolts in pressurized
water reactors with down-flow configurations.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Commission shall submit to the appropriate congressional
committees--
(1) a report explaining any revisions made to the guidance
described in subsection (a); or
(2) if no revisions were made, a report explaining why the
guidance, as in effect on the date of submission of the report,
is sufficient.
SEC. 105. EVACUATION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment 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, to consider lessons learned since
September 11, 2001, Superstorm Sandy, Fukushima, and other recent
natural disasters regarding directed or spontaneous evacuations in
densely populated urban and suburban areas.
(b) Inclusions.--The report under subsection (a) shall--
(1) describe the actions of the Commission--
(A) to consider the results from--
(i) the State-of-the-Art Reactor
Consequence Analyses project; and
(ii) the current examination by the
Commission of emergency planning zones for
small modular reactors and advanced nuclear
reactors; and
(B) to monitor international reviews, including
reviews conducted by--
(i) the United Nations Scientific Committee
on the Effects of Atomic Radiation;
(ii) the World Health Organization; and
(iii) the Fukushima Health Management
Survey; and
(2) with respect to a disaster similar to a disaster
described in subsection (a), include information about--
(A) potential shadow evacuations in response to the
disaster; and
(B) what levels of self-evacuation should be
expected during the disaster, including outside the 10-
mile evacuation zone.
(c) Consultation Required.--The report under subsection (a) shall
be prepared after consultation with--
(1) the Federal Radiological Preparedness Coordinating
Committee;
(2) State emergency planning officials from States that the
Commission determines to be relevant to the report; and
(3) experts in analyzing human behavior and probable
responses to a radiological emission event.
SEC. 106. ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST REACTORS.
(a) Purpose.--The purpose of this section is to encourage private
investment in research and test reactors.
(b) Research and Development Activities.--Section 104 c. of the
Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
(1) in the first sentence, by striking ``and which are not
facilities of the type specified in subsection 104 b.'' and
inserting a period; and
(2) by adding at the end the following: ``The Commission is
authorized to issue licenses under this section for utilization
facilities useful in 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.''.
SEC. 107. COMMISSION REPORT ON ACCIDENT TOLERANT FUEL.
(a) Definition of Accident Tolerant Fuel.--In this section, the
term ``accident tolerant fuel'' means a new technology that--
(1) 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) lowers the cost of electricity over the licensed
lifetime of an existing commercial nuclear reactor.
(b) 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.
(a) 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) Contents.--The report described in subsection (a) shall
include--
(1) a description of--
(A) the topics that could be brought before a local
community advisory board;
(B) how such a board's input could be used to
inform the decision-making processes of stakeholders
for various decommissioning activities;
(C) 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) how such a board could offer opportunities for
public engagement throughout all phases of the
decommissioning process;
(2) a discussion of the composition of a local community
advisory board; and
(3) best practices relating to the establishment and
operation of a local community advisory board, including--
(A) the time of establishment of such a board;
(B) the frequency of meetings of such a board;
(C) the selection of board members;
(D) the term of board members;
(E) the responsibility for logistics required to
support such a board's meetings and other routine
activities; and
(F) any other best practices relating to such a
local community advisory board that are identified by
the Commission.
(c) 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) Public Meetings.--
(1) In general.--The consultation required under subsection
(c) shall include public meetings.
(2) 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) Number of meetings.--
(A) 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) Priority.--In determining locations in which to
conduct a public meeting under subparagraph (A), the
Commission shall give priority to States that--
(i) have a nuclear power reactor currently
undergoing the decommissioning process; and
(ii) request a public meeting under this
paragraph.
(4) 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.
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).
TITLE II--URANIUM
SEC. 201. URANIUM RECOVERY REPORT.
Not later than 90 days after the date of enactment of this Act, the
Commission shall submit to the appropriate congressional committees a
report describing--
(1) the duration of uranium recovery license issuance and
amendment reviews; and
(2) recommendations to improve efficiency and transparency
of uranium recovery license issuance and amendment reviews.
SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.
Not later than 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).
Passed the Senate December 20, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 512
_______________________________________________________________________
AN ACT
To modernize the regulation of nuclear energy.