[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6526 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6526
To facilitate the efficient licensing and deployment of advanced
civilian nuclear technologies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 30, 2023
Mr. Hudson (for himself and Ms. Schrier) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Science, Space, and Technology, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To facilitate the efficient licensing and deployment of advanced
civilian nuclear technologies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Nuclear Deployment Act''.
SEC. 2. ENABLING PREPARATIONS FOR ADVANCED NUCLEAR REACTOR
DEMONSTRATIONS ON FEDERAL 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)) is amended
by adding at the end the following:
``(iv) 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 any successor
regulation)) to demonstrate an advanced
nuclear reactor on a Department of
Energy site or any site or installation
that is critical national security
infrastructure (as defined in section
327(d) of the John S. McCain National
Defense Authorization Act for Fiscal
Year 2019); 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 or any site or installation
that is critical national security
infrastructure (as defined in section
327(d) of the John S. McCain National
Defense Authorization Act for Fiscal
Year 2019).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2024.
SEC. 3. REGULATORY REQUIREMENTS FOR MICRO-REACTORS.
(a) Micro-Reactor Licensing.--The Nuclear Regulatory Commission (in
this section referred to as the ``Commission'') shall--
(1) not later than 18 months after the date of enactment of
this Act, develop risk-informed and performance-based
strategies and guidance to license and regulate micro-reactors
pursuant to section 103 of the Atomic Energy Act of 1954 (42
U.S.C. 2133), including strategies and guidance for--
(A) staffing and operations;
(B) oversight and inspections;
(C) safeguards and security;
(D) emergency preparedness;
(E) risk analysis methods, including alternatives
to probabilistic risk assessments;
(F) decommissioning funding assurance methods that
permit the use of design- and site-specific cost
estimates;
(G) the transportation of fueled micro-reactors;
and
(H) siting, including in relation to--
(i) the population density criterion limit
described in the policy issue paper on
population-related siting considerations for
advanced reactors dated May 8, 2020, and
numbered SECY-20-0045;
(ii) licensing mobile deployment; and
(iii) environmental reviews; and
(2) not later than 3 years after the date of enactment of
this Act, implement, as appropriate, the strategies and
guidance developed under paragraph (1)--
(A) within the existing regulatory framework;
(B) through the technology-inclusive, regulatory
framework to be established under section 103(a)(4) of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2133 note; Public Law 115-439); or
(C) through a pending or new rulemaking.
(b) Considerations.--In developing and implementing strategies and
guidance under subsection (a), the Commission shall consider--
(1) the unique characteristics of micro-reactors, including
characteristics relating to--
(A) physical size;
(B) design simplicity; and
(C) source term;
(2) opportunities to address redundancies and
inefficiencies;
(3) opportunities to consolidate review phases and reduce
transitions between review teams;
(4) opportunities to establish integrated review teams to
ensure continuity throughout the review process; and
(5) other relevant considerations discussed in the policy
issue paper on policy and licensing considerations related to
micro-reactors dated October 6, 2020, and numbered SECY-20-
0093.
(c) Consultation.--In carrying out subsection (a), the Commission
shall consult with--
(1) the Secretary of Energy;
(2) the heads of other Federal agencies, as appropriate;
(3) micro-reactor technology developers; and
(4) other stakeholders.
SEC. 4. EXPEDITED SUBSEQUENT COMBINED LICENSES.
(a) In General.--In accordance with this section, the Nuclear
Regulatory Commission (referred to in this section as the
``Commission'') shall establish and carry out an expedited procedure
for issuing a combined license pursuant to section 185 b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2235).
(b) Qualifications.--To qualify for the expedited procedure under
subsection (a), an applicant--
(1) shall submit a combined license application for a new
nuclear reactor based off a previously licensed design;
(2) shall propose to construct the new nuclear reactor on
or adjacent to a site on which a nuclear reactor already
operates or previously operated; and
(3) may not be subject to an order of the Commission to
suspend or revoke a license under section 2.202 of title 10,
Code of Federal Regulations (or any successor regulation).
(c) Expedited Procedure.--With respect to a combined license for
which the applicant has satisfied the requirements described in
subsection (b), the Commission shall, to the maximum extent
practicable--
(1) not later than 1 year after the application is accepted
for docketing, issue a draft environmental impact statement;
(2) not later than 18 months after the application is
accepted for docketing--
(A) complete the technical review process; and
(B) issue a safety evaluation report and final
environmental impact statement;
(3) not later than 2 years after the application is
accepted for docketing, complete any necessary public licensing
hearings and related processes; and
(4) not later than 25 months after the application is
accepted for docketing, make a final decision on whether to
issue the combined license.
(d) Performance and Reporting.--
(1) Delays in issuance.--Not later than 30 days after the
applicable deadline, the Executive Director for Operations of
the Commission shall inform the Commission of any failure to
meet a deadline under subsection (c).
(2) Delays in issuance exceeding 90 days.--If any deadline
under subsection (c) is not met by the date that is 90 days
after the applicable date required under such subsection, the
Commission shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the delay, including a detailed explanation accounting for the
delay and a plan for completion of the applicable action.
SEC. 5. PILOT PROGRAM FOR NUCLEAR POWER PURCHASE AGREEMENTS.
(a) In General.--Subtitle B of title VI of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 782) is amended by adding at the end
the following:
``SEC. 639A. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
``(a) Establishment.--The Secretary shall establish a pilot program
under which the Secretary shall enter into at least one long-term power
purchase agreement for power generated by a commercial nuclear reactor
with respect to which an operating license is issued by the Nuclear
Regulatory Commission after January 1, 2024.
``(b) Requirements.--In establishing the pilot program under this
section, the Secretary shall--
``(1) consult with the heads of other Federal departments
and agencies that may benefit from purchasing nuclear power for
a period of longer than 10 years, including the Secretary of
Defense; and
``(2) not later than December 31, 2028, enter into at least
one long-term agreement to purchase power from a commercial
nuclear reactor described in subsection (a).
``(c) Period of Agreement.--Notwithstanding any other provision of
law, an agreement entered into pursuant to subsection (b)(2) to
purchase power from a commercial nuclear reactor shall be made for a
period of at least 10 years and not more than 40 years.
``(d) Priority.--In carrying out this section, the Secretary shall
prioritize entering into long-term power purchase agreements for power
generated by first-of-a-kind or early deployment commercial nuclear
reactors that will provide reliable and resilient power--
``(1) to high-value assets for national security purposes;
or
``(2) for other purposes that the Secretary determines are
in the national interest, including for remote off-grid
scenarios or grid-connected scenarios that provide capabilities
commonly known as `islanding power capabilities' during an
emergency.
``(e) Rates.--A long-term power purchase agreement entered into
under this section may not be at a rate that is higher than the average
market rate, unless the agreement is for power generated by a
commercial nuclear reactor described in subsection (d).''.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by inserting
after the item relating to section 639 the following:
``Sec. 639A. Long-term nuclear power purchase agreement pilot
program.''.
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