S.1220 - National Energy Security Act of 1991102nd Congress (1991-1992)
|Sponsor:||Sen. Johnston, J. Bennett [D-LA] (Introduced 06/05/1991)|
|Committees:||Senate - Energy and Natural Resources|
|Committee Reports:||S.Rept 102-72|
|Latest Action:||11/01/1991 Motion to proceed to consideration of measure withdrawn in Senate. (All Actions)|
|Roll Call Votes:||There has been 1 roll call vote|
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Summary: S.1220 — 102nd Congress (1991-1992)All Bill Information (Except Text)
Introduced in Senate (06/05/1991)
National Energy Security Act of 1991 - Title I: Findings and Purposes - Subtitle A: Findings and Purposes - Sets forth the energy efficiency and development purposes of this Act.
Subtitle B: Goals, Least-Cost Energy Strategy, and Director of Climate Protection - Enumerates the goals of this Act, including establishment in 1992 of an international framework convention on global climate change and international commitment to such convention.
Requires the first National Energy Policy Plan submitted by the President to the Congress to include a least-cost energy strategy prepared by the Secretary of Energy according to specified guidelines.
Directs the Secretary to appoint a Director of Climate Protection, who shall participate annually in the formulation of such strategy.
Title II: Definitions - Sets forth definitions used in this Act.
Title III: Corporate Average Fuel Economy - Motor Vehicle Fuel Efficiency Act of 1991 - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to prescribe average fuel economy standards for passenger automobiles and light trucks manufactured in model years 1996 through 2001, and for those manufactured in model years 2002 and thereafter. Requires such Secretary to determine the maximum feasible average fuel economy achievable according to prescribed formulas for passenger automobiles, light trucks, or classes of light trucks manufactured during such model years.
Provides that credits for exceeding average fuel economy standards may be transferred among manufacturers and among vehicle classes of a manufacturer. Requires the Secretary of Transportation to issue rules implementing such a credit trading system. Grants average fuel economy credits for small passenger automobiles manufactured with airbags for either driver seating position only, or for both the driver and front seat outboard seating positions.
Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and an additional number if requested.
Requires the Secretary of Transportation to assess an excessive fuel consumption fee upon a manufacturer whose average fuel economy does not meet certain statutory standards. Replaces civil penalties for such non-compliance with the excessive fuel consumption fee according to prescribed guidelines.
Establishes the Excessive Fuel Consumption Fund. Authorizes the Secretary of Energy to make payments from the Fund for purposes of: (1) providing financial assistance to State programs encouraging voluntary removal from the marketplace of pre-1980 model-year automobiles; and (2) funding other energy conservation programs. Requires the Secretary of the Treasury to report annually to the Congress regarding the Fund's financial condition and operations. Requires the Secretary of Energy to adopt rules necessary to review and approve State programs that qualify for financial assistance for the older vehicle scrappage program. Mandates that as a prerequisite to Federal assistance at least 50 percent of scrappage program costs be paid from non-Federal funds.
Title IV: Fleets and Alternative Fuels - Subtitle A: Alternative Fuel Fleets - Sets forth a schedule according to which Federal agencies, when buying, leasing, or otherwise acquiring vehicles for a Federal fleet, must increase the percentage of alternative fuel vehicles in such fleet from ten percent in 1995 up to 90 percent in 2000 and each year following. Directs the Secretary of Energy (Secretary) to work with the Administrator of General Services and each Federal agency head to plan effective coordination of such acquisitions. Authorizes appropriations.
Mandates State acquisition of alternative fuel vehicles according to the same schedule if specified circumstances prevail. Sets forth a different schedule for private and municipal fleets, rising from 30 percent in 1998 to 70 percent in 2000 and after.
Provides for exemptions from such requirements in specified circumstances.
Requires the Secretary to allocate credits to States or private persons for any vehicles acquired in excess of requirements.
Sets forth civil penalties for violations of this subtitle. Authorizes the Secretary to request the Attorney General to bring civil actions to enforce it.
Authorizes the Secretary to delegate administration and enforcement of this subtitle within any State to its Governor if a State program exists. Authorizes appropriations to provide financial assistance to States to which the Secretary delegates such authority.
Subtitle B: Electric and Electric-Hybrid Vehicle Demonstration, Infrastructure, Development, and Conforming Amendments - Part A: Electric and Electric-Hybrid Vehicle Demonstration - Electric and Electric-Hybrid Vehicle Demonstration Act - Directs the Secretary to conduct a program to demonstrate electric vehicles, electric-hybrid vehicles, and their assorted equipment. Provides for solicitation and selection of proposals to negotiate up to ten cooperative agreements to receive financial assistance to conduct such demonstrations.
Provides for discount payments to reimburse proposers for giving discounts to vehicle purchasers or lessees.
Requires 50 percent of the costs of a cooperative agreement to be provided from non-Federal sources.
Part B: Electric and Electric-Hybrid Vehicle Infrastructure Development - Electric Vehicle and Electric-Hybrid Infrastructure Development Act - Directs the Secretary to establish a program for the collection and dissemination of information and data which would be useful to persons seeking to manufacture, sell, lease, own or operate electric and electric-hybrid vehicles. Requires the Secretary to issue guidelines for States and local governmental entities to use in developing comprehensive infrastructure plans to support the deployment of such vehicles.
Requires the Secretary to offer State Governors the opportunity to request and receive technical and financial assistance in formulating comprehensive State infrastructure plans.
Directs the Secretary to undertake cooperative agreements with non-Federal persons, including fleet operators, to provide the infrastructure necessary to support the use of such vehicles. Requires at least 50 percent of costs to be provided from non-Federal sources. Authorizes appropriations.
Part C: Amendment to the Alternative Motor Fuels Act - Makes conforming amendments to the Energy Policy and Conservation Act (EPCA) and the Motor Vehicle Information and Cost Savings Act.
Subtitle C: Alternative Fuels - Replacement and Alternative Fuels Act of 1991 - Directs the Secretary to establish a program to promote the development and use of domestically produced replacement and alternative fuels (including liquefied petroleum gas, natural gas, "neat" alcohol, hydrogen, coal-derived liquid fuels, and electricity) to replace conventional petroleum motor fuels. Requires the Secretary to study and determine the feasibility of domestically producing enough such fuels by the year 2010 to replace at least 30 percent of the projected consumption of motor fuel in the United States for that year.
Requires annual demand estimates of the number and geographic distribution and the amount of each type of alternative fuel vehicle.
Requires the Secretary to obtain voluntary commitments from providers of domestic replacement and alternative fuels to produce and offer for public sale sufficient amounts of such fuels to meet demand. Requires the Secretary to: (1) notify the Congress if the amount of such fuels in any area of the United States is insufficient to meet demand; and (2) submit a plan of action to require such providers to make adequate supplies available.
Subtitle D: Mass Transit and Training - Authorizes the Secretary of Transportation to enter into cooperative agreements and joint ventures with local or regional transit authorities in urban areas of over 100,000 population to demonstrate the feasibility and safety of using natural gas or other alterative fuels for mass transit. Mandates that as a prerequisite to such a cooperative agreement or joint venture at least 25 percent of the demonstration costs be borne by the local or regional transit authority. Authorizes the Secretary to grant priority to any entity that demonstrates that the use of alternative fuels for mass transit would have a significant effect on the ability of an air quality region to comply with regulations governing ambient air quality. Authorizes appropriations.
Directs the Secretary of the Department of Labor to implement a technician training and certification program for the vehicle installation of equipment that converts gasoline or diesel-fueled vehicles to run solely on alternative fuels. Authorizes appropriations.
Title V: Renewable Energy - Subtitle A: CORECT and COEECT - Amends the EPCA to name certain interagency working groups the Committee on Renewable Energy Commerce and Trade (CORECT) and the Committee on Energy Efficiency Commerce and Trade (COEECT). Requires: (1) CORECT to promote the development and application in lesser-developed countries of renewable energy resource products and technologies that promote the use of hybrid fossil-renewable energy systems; (2) COEECT to promote the development and application in such countries of energy efficiency resource products and technologies; and (3) both to provide in-country technical training and financial assistance. Authorizes CORECT and COEECT to establish renewable energy and energy efficiency industry outreach offices in the Pacific Rim and in the Caribbean Basin.
Requires the Secretary to report biennially to the Congress on the range of energy efficiency and renewable energy technologies available to meet the energy needs of developing countries. Authorizes appropriations.
Subtitle B: Renewable Energy Initiatives - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (REEETCA) to direct the Secretary to solicit proposals and provide financial assistance for joint ventures with respect to: (1) oil and diesel fuel displacement using specified renewable energy sources; and (2) training individuals from developing countries in the United States in the operation and maintenance of renewable energy equipment and of energy efficiency equipment. Authorizes appropriations.
Directs the Secretary to solicit proposals and provide financial assistance for at least one joint venture for a utility-scale photovoltaic project of at least ten megawatts.
Amends REEETCA to direct the Secretary to enter into buy-down agreements with private lenders to pay the Federal share of the interest on loans to certain qualified borrowers to finance the manufacture, construction, or acquisition of equipment that principally utilizes a renewable energy technology. Authorizes appropriations.
Directs the Secretary to report to certain congressional committees an evaluation of opportunities to minimize waste from processes in the U.S. industries.
Establishes certain facilities and equipment located at Keahole Point, Hawaii as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center to carry out research, development, and technology transfer activities on solar and renewable energy, energy storage, and related matters. Authorizes appropriations.
Directs the Secretary to establish: (1) a program to reward outstanding achievements in specified renewable energy technologies with awards of up to $5,000,000; and (2) a milestone for technical achievement for the year 2010 for each such technology. Authorizes appropriations.
Subtitle C: Hydropower - Amends the Federal Power Act to eliminate certain mandatory conditioning powers of Federal land mangers with respect to Government dams. Requires the Federal Energy Regulatory Commission (FERC) to give hydroelectric license applicants earliest practicable notice of studies that will be required to accompany a license application. Provides for a single consolidated review of project licensing under the National Environmental Protection Act of 1969 (NEPA). Makes FERC the lead agency for NEPA compliance activities associated with hydroelectric licensing.
Grants States exclusive authority to license hydropower projects of five megawatts or less, under certain conditions.
Requires the Secretary to study and report to certain congressional committees on cost-effective opportunities to increase hydropower production at existing federally-owned or -operated water regulations, storage, and conveyance facilities. Authorizes appropriations.
Directs the Secretary of the Interior to study and implement water use efficiency measures at Federal reclamation projects in order to increase hydropower production, make more efficient use of project power, and provide more water for fish and wildlife.
Removes Federal licensing jurisdiction over: (1) hydroelectric projects on fresh waters in Hawaii; and (2) two specified hydroelectric projects in Alaska. Extends the time for project development for two specified hydropower projects in Arkansas.
Title VI: Energy Efficiency - Subtitle A: Industrial, Commercial and Residential - Amends the Energy Conservation and Production Act (ECPA) to require the Secretary of Energy to issue a Federal building code to assure that all new Federal buildings and buildings receiving Federal mortgages include energy efficiency measures that are technologically feasible and economically justified. Requires the Secretary to support the upgrading of an industry voluntary building energy code for new residential and commercial buildings. Directs the Secretary to provide incentive funding to States which adopt building energy codes at least as stringent as those of the industry voluntary building codes. Authorizes appropriations.
Amends the National Energy Conservation Policy Act (NECPA) to direct the Secretary to issue voluntary guidelines for use by States, local organizations and others to develop energy rating systems for residential buildings. Requires the Secretary to provide technical assistance to State and local organizations to encourage adoption of residential energy efficiency rating systems based on such guidelines.
Amends the Cranston-Gonzalez National Affordable Housing Act to provide for notifying homebuyers of the availability of energy efficient mortgages providing financial incentives for the purchase of energy efficient homes at the time of mortgage application.
Requires the Secretary to assess the energy performance of manufactured housing and make recommendations to the National Commission on Manufactured Housing about thermal insulation and technically feasible and economically justified energy efficiency improvements applicable to such housing. Requires the Commission to make its own recommendations to the Secretary of Housing and Urban Development. Requires the Secretary of Energy to test the performance and cost-effectiveness of manufactured housing built to established energy efficiency standards.
Directs the Secretary to pursue a research and development program and a joint venture program to improve efficiency in energy-intensive industries and industrial processes. Authorizes appropriations.
Requires the Secretary to make triennial reports to the Congress evaluating energy efficiency policy options and their potential to decrease overall U.S. energy use and oil consumption per unit of GNP.
Directs the Secretary to establish voluntary guidelines for the conduct of energy audits and the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities. Authorizes appropriations for a program of education and technical assistance to promote the use of such guidelines.
Requires the Secretary to provide financial and technical assistance to support the voluntary development of a national window rating program to establish energy efficiency ratings for windows and window systems. Authorizes appropriations. Directs the Administrator of the Energy Information Administration to expand the scope and frequency of data collection under the National Energy Information System in order to improve the ability to evaluate the effectiveness of energy efficiency policies and programs.
Directs the Secretary to provide financial and technical assistance to support voluntary development of a national energy efficiency rating program for lamps and luminaires. Directs the Federal Trade Commission to prescribe labeling rules for them. Authorizes appropriations.
Adds lamps, commercial air conditioning and heating equipment, and utility distribution transformers to the appliance efficiency program. Requires the Secretary to study and report to the Congress on the practicability and cost-effectiveness of upgrading utility distribution transformers at the time of their routine maintenance. Directs: (1) the Secretary to support the development of a voluntary labeling system for commercial office equipment; or (2) the Federal Trade Commission to develop such a program if one is not developed voluntarily within two years. Authorizes appropriations.
Amends EPCA to establish a specified standard for showerheads manufactured after July 1, 1992, unless the American National Standards Institute (ANSI) publishes a different standard before March 1, 1992, in which case the ANSI standard shall apply. Preempts State and local showerhead flow rate standards and labeling requirements.
Subtitle B: Federal Energy Management - Amends NECPA to prescribe energy management requirements for energy conservation and efficiency in Federal buildings. Directs the Administrator of the General Services Administration: (1) to conduct an analysis of significant energy consuming products in the Federal Supply Schedule; and (2) to develop a method to identify products which offer cost-effective opportunities to reduce energy consumption and costs. Requires the Administrator of the General Services Administration to consider fuel efficiency and cost savings when evaluating bids for the purchase of passenger vehicles and light trucks. Directs the Secretary to report to the Congress on: (1) the funding of Federal energy efficiency projects; and (2) a biennially updated demonstration plan for energy efficiency and renewable energy technologies in federally-owned facilities. Authorizes appropriations.
Directs the Secretary to establish a financial bonus program, not to exceed $5,000 per award, to reward facility energy managers for outstanding energy savings in Federal agencies. Authorizes appropriations.
Requires the Secretary to submit to the Congress a plan for demonstrating in Federal facilities, or by Federal agencies, energy efficiency technologies that have received Federal assistance for research and development and are now ready for commercialization.
Requires the Secretary to study and report to the Congress on the potential of using Federal purchasing power to encourage the development and commercialization of new energy efficiency products.
Subtitle C: Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to permit State-regulated electric utilities to charge rates that will make their investments in energy efficiency and conservation measures as profitable as their investments in new facilities construction. Requires the Secretary to report to the President and the Congress on: (1) the extent to which State-regulated electric utility rates reflect least-cost planning; (2) specified effects of least-cost planning; and (3) the extent to which ratemaking methodologies implementing least-cost planning take into account the impact of such measures upon electric utilities' rate of return on investment.
Prescribes guidelines for conservation grants to State regulatory authorities. Authorizes appropriations.
Requires the Southwestern Power Administration and the Southeastern Power Administration (known collectively as PMAs) to consider, as a condition of any future power contract with a nonregulated utility customer, requiring such a customer to implement integrated resource planning. Requires the Tennessee Valley Authority (TVA) to employ integrated resource planning in exercising its functions.
Subtitle D: Used Oil Energy Production - Amends EPCA to prescribe market incentive guidelines for the reuse of used oil. Authorizes appropriations. Requires the Secretary to report annually to the Congress on the implementation of the recycled oil program.
Subtitle E: State, Local Insular, and Tribal Energy Assistance - Sets forth guidelines for Federal financial assistance to Insular Area governments for renewable energy and energy and energy efficiency measures to reduce their dependence on imported fuels.
Amends EPCA to authorize the Secretary to provide up to $1,000,000 to States to capitalize a State revolving fund to undertake energy efficiency projects in State and local government buildings in those States which have demonstrated a commitment to improve building energy codes.
Authorizes the Secretary to provide supplemental grants to Weatherization Program grant recipients to cover: (1) the costs of arranging private sector contributions to the program; and (2) the costs of training and education activities between program grant recipients (technical transfer grants). Authorizes appropriations.
Authorizes existing State Energy Conservation Programs to use Federal funds to assist in training building designers and contractors in energy system, energy efficiency, and renewable energy technologies.
Authorizes the Secretary to make competitive supplemental grants under the existing State Energy Conservation Programs to increase public understanding of energy issues or to provide teacher training in energy education. Authorizes appropriations.
Authorizes the Secretary to grant financial assistance to tribal governments to plan and implement energy efficiency and renewable energy projects.
Requires State Energy Conservation Plans to provide for vehicles to turn left from a one-way street into a one-way street at a red light as a condition for receipt of Federal funding.
Subtitle F: LIHEAP Options Pilot Program - Energy Options Study Act of 1991 - Directs the Secretary of Health and Human Services (HHS) to study and report to the Congress on the advantages and disadvantages of using futures and options contracts for fuel as a means of protecting funds under the Low-Income Energy Assistance Act of 1981 (LIHEAP funds) from large price increases in fuels.
Authorizes the Secretary to conduct: (1) a pilot program in cooperation with one or more governmental or tribal fund recipients in which the recipient uses futures and futures options in its fuel assistance program; and (2) a pilot program to educate governmental entities and consumer cooperatives on the prudent and effective use of such futures and futures options to increase their protection against unexpected fuel price surges. Authorizes appropriations.
Title VII: Oil and Gas Leasing in the Arctic National Wildlife Refuge - Subtitle A: Statement of Purpose and Policy and Definitions - Declares that it is the congressional purpose to: (1) authorize competitive oil and gas leasing development on the Arctic Coastal Plain in a manner consistent with environmental and wildlife protection; and (2) provide a new funding source of energy-related projects to enhance energy security and reduce dependence on imported oil.
Subtitle B: Congressional Determination of Compatibility - Declares that it is congressional policy that oil and gas activities on the Coastal Plain which are conducted with no significant adverse impact upon fish, wildlife, and the environment shall be deemed compatible with the purpose of the Arctic National Wildlife Refuge, and that no further compatibility findings by the Secretary of the Interior (the Secretary) are required under the National Wildlife Refuge System Administration Act.
Subtitle C: Coastal Plain Competitive Leasing Program - Directs the Secretary to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound program for Coastal Plain resources exploration, development, and production. Declares that this title is the sole authority for leasing on the Coastal Plain.
Directs the Secretary to promulgate rules and regulations to implement this title.
Declares that the Congress finds that the "Final Legislative Environmental Impact Statement" (April 1987) on the Coastal Plain satisfies the legal requirements under the National Environmental Policy Act of 1969.
Sets forth the administrative parameters for: (1) lease sales and lease terms; (2) antitrust review by the Attorney General; (3) exploration and development and production plans; (4) plan approval; (5) bonding, surety, or other financial arrangement requirements; and (6) lease suspension and cancellation. Allows the Secretary to cancel leases in any areas of particular environmental sensitivity. Requires the Secretary's consent for lease assignments or subletting. Mandates that lessees unite to the greatest extent practicable in collectively adopting and operating under a cooperative or unit plan for oil pools and gas fields.
Provides for the confidentiality of privileged or proprietary information regarding development activities which must be furnished to the Secretary. Sets forth civil and criminal penalties for violations of this title. Provides for adjudication of lease controversies. Sets forth joint, several, and strict liability for environmental damages and removal costs resulting from oil pollution or the discharge of hazardous substances. Provides for judicial review of complaints regarding regulations issued by the Secretary.
Requires the Secretary to report annually to the Congress regarding the leasing program under this Act.
Repeals certain limitations applicable to subsurface interests owned by the Inupiat Eskimo people. Provides for expedited judicial consideration of any claims for relief by certain Alaskan corporations.
Subtitle D: Coastal Plain Environmental Protection - Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will result in no significant adverse effect on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation.
Designates the Sadlerochit Spring area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection.
Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations.
Provides funding for a ten-year period for environmental monitoring and enforcement on the Coastal Plain. Requires the Administrator of the Environmental Protection Agency to: (1) consult with the Department of Transportation and the State of Alaska about the State's role in monitoring and enforcing the Hazardous Materials Transportation Act; and (2) report annually to the Congress regarding the environmental monitoring activities.
Subtitle E: Land Reclamation and Reclamation Liability Fund - Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plain and other Federal lands adversely affected by lease activities.
Requires establishment of the Coastal Plain Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain. Directs the Secretary to collect fees based upon the crude oil volume entering the trans-Alaska pipeline. Prescribes revenue collection and expenditure procedures.
Subtitle F: Disposition of Oil and Gas Revenues - Sets forth an allocation schedule for revenue distribution related to oil and gas leasing within the Arctic National Refuge, Alaska.
Mandates that revenues distributed to the United States from such oil and gas leases be deposited into the Energy Security Fund. Directs the Secretary of the Treasury to make such funds directly available to the Secretary of Energy for specified energy projects transmitted to the Congress following the initial deposit of funds in the Energy Security Fund. Authorizes appropriations.
Authorizes appropriations from the Energy Security Fund, for a period of five fiscal years, of up to a certain amount annually to fund high priority Arctic research projects and programs related to understanding the long- and short-term effects of energy development and production activities on the Arctic environment. Directs the Chairman of the Interagency Arctic Research Policy Committee to prepare a list of eligible projects and programs for inclusion in the President's budget.
Subtitle G: Export Restrictions - Prohibits the export of crude oil produced from Coastal Plain lands except in specified circumstances.
Subtitle H: Outer Continental Shelf Leasing Moratorium - Prohibits the Secretary from preparing or conducting any preleasing or leasing activity under the Outer Continental Shelf Lands Act with respect to the areas seaward from California and from New Jersey until after January 1, 2000.
Title VIII: Advanced Nuclear Reactor Commercialization - Civilian Advanced Nuclear Reactor Commercialization Act of 1991 - Directs the Secretary of Energy to implement a comprehensive advanced nuclear reactor research, development, and demonstration program that will lead to commercialization of advanced reactor technologies after 1996. Requires the Secretary of Energy to submit to the Congress a detailed five-year plan to carry out such program.
Directs the Secretary to conduct a program of technical and financial assistance to encourage the development and submission for certification of advanced light water reactor designs which can be certified by the Nuclear Regulatory Commission (NRC) by the end of 1995. Provides for cooperative and cost-sharing agreements with private parties seeking such certification. Requires annual progress reports to the Congress from the Secretary and the NRC.
Requires the Secretary to solicit proposals to carry out the preliminary engineering design of one or more prototype advanced nuclear reactor technologies (other than an advanced light water reactor) necessary to support a decision on whether to recommend construction of a full-scale prototype demonstration using such a technology. Requires the Secretary to make a recommendation by January 31, 1996, on whether to build such a prototype demonstration reactor. Authorizes the Secretary to solicit proposals to implement such recommendation after 180 days following it submission to the Congress.
Title IX: Nuclear Reactor Licensing - Nuclear Reactor Licensing Act of 1991 - Amends the Atomic Energy Act of 1954 to require the NRC to hold a hearing before granting a combined license to construct and operate a nuclear reactor. Requires a combined license to set forth all the inspections, tests, analyses, and acceptance criteria necessary to establish that the plant, once built, is safe to operate. Requires the NRC to ensure that all such requirements are satisfied.
Provides for post-construction hearings on combined licenses to determine whether requirements have been met. Authorizes the NRC to allow a plant to operate under a combined license pending a post-construction hearing unless it appears unsafe to do so. Requires post-construction hearings to be informal unless the NRC determines formal proceedings are necessary to resolve factual disputes. Authorizes the NRC to amend a combined license and permit a plant to operate pending a hearing on the amended license if the amendment does not raise significant safety issues.
Title X: Uranium - Subtitle A: Uranium Enrichment - Uranium Enrichment Act of 1991 - Amends the Atomic Energy Act of 1954 to repeal the existing statutory contracting requirements applicable to uranium enrichment enterprises.
Establishes the United States Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Sets forth the Corporation's corporate office and powers and vests its management in an Administrator (appointed by the President with the advice and consent of the Senate). Grants the Secretary of Energy general supervision over such Administrator only with respect to national security and health and environmental concerns. Establishes a Corporate Board whose members shall be appointed by the President, and who shall advise the Administrator and the Secretary regarding Corporation matters. Prescribes guidelines for: (1) Corporation personnel; (2) certain property transfers from the Department of Energy; (3) the Corporation's capital structure; and (4) Corporation pricing policies, including user charges for decommissioning, decontamination, and remedial activities.
Requires the Corporation to make annual status reports to certain congressional committees, the President, and the Secretary.
Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Requires the Administrator to make recommendations to the President and the Congress by specified dates regarding the transfer of the Corporation's functions and assets to private ownership.
Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommission and decontamination expenses.
Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Exempts the Corporation from sequestration because the maximum deficit amount has been exceeded under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Prohibits the Corporation's total FY 1991 expenditures from exceeding its total FY 1991 receipts.
Subtitle B: Uranium - Part 1: Short Title, Findings and Purpose, Definitions - Uranium Security and Tailings Reclamation Act of 1991 - Sets forth findings, purposes, and definitions of this title.
Part 2: Uranium Revitalization - Directs the Corporation to establish for a minimum five-year period a voluntary overfeeding program to be made available to its enrichment services customers. ("Overfeeding" means the use of uranium in the enrichment process in excess of the amount required at the transactional tails assay, thus reducing customers' power costs). Provides that the resultant savings shall be credited to such customers.
Establishes the National Strategic Uranium Reserve, consisting of 50,000,000 pounds of natural uranium, to be restricted to military purposes and Government research under the control of the Secretary.
Confers continuing responsibility upon the Secretary for promotion of the domestic uranium industry, but without using any supervisory authority over the Corporation. Directs the Secretary to develop recommendations and implement Government programs promoting domestic uranium exports.
Restricts all uranium purchases by Federal entities to uranium purchased from domestic producers. Exempts the TVA from such restriction.
Part 3: Remedial Action for Active Processing Sites - Provides that remedial action costs such as decontamination, decommissioning, and reclamation at an active uranium or thorium processing site shall be borne by specified licensees for any activity resulting in byproduct material. Sets forth a reimbursement schedule for: (1) individual active site uranium licenses; (2) all active site uranium licensees; and (3) thorium licensees. Directs the Secretary to promulgate regulations governing such reimbursement.
Part 4: Import of Uranium, Enriched Uranium, and Uranium Enrichment Services - Directs the United States International Trade Commission to investigate and report to the President and the Congress on whether non-market economy countries are exporting uranium, enriched uranium, or offering uranium enrichment services at prices below the cost of production or provision. Requires the President, if the investigation results are positive, to report to the Congress on what actions the Federal Government is taking to discourage or end such pricing practices.
Requires the owner or operator of any civilian nuclear power reactor to report annually to the Secretary, acting through the Administrator of the Energy Information Administration, on the country of origin and the seller of any uranium, enriched uranium, or enrichment services the owner or operator has imported or purchased during the previous fiscal year. Requires such information to be made available to specified congressional committees.
Directs the Secretary to encourage States and utility regulatory authorities to consider the objectives of this part, including the national need to avoid dependence on imports, when considering whether to allow electric power plant owners or operators to recover in customer rates and charges any cost of domestic uranium, enriched uranium, or enrichment services from a non-affiliated seller greater than the cost of such items from non-domestic sources.
Authorizes the Secretary or the United States Enrichment Corporation to buy enriched uranium from other sources of enriched uranium at prices below, respectively, Department of Energy or Corporation production costs if such purchases are necessary to reduce production costs and maintain competitive prices.
Title XI: Natural Gas - Amends the Natural Gas Act to authorize an optional certificate (OC) of public convenience and necessity procedure for the construction and operation of interstate natural gas pipelines. Directs FERC to issue OCs without a hearing if applicants are willing to accept terms and conditions attached to the certificate, including a prohibition on the recovery of OC facility costs in the rates for other facilities or services. Replaces the ordinary rate review procedure with a special complaint procedure in such instances. Requires FERC to conduct a hearing on the record about a proposed OC construction if such construction would result in the displacement of sales or transportation services being provided by a local distribution company (LDC).
Amends the Natural Gas Policy Act of 1978 to authorize FERC to permit: (1) any interstate pipeline to transport natural gas; and (2) the construction of natural gas transportation facilities for interstate commerce. Outlines administrative procedures for FERC compliance with the requirements of the NEPA with respect to natural gas transportation. Requires FERC to conduct a hearing on the record about a proposed OC construction if such construction would result in the displacement of sales or transportation services being provided by an LDC. Declares that FERC issuance of a construction certificate is the only Federal action that may be considered a major Federal action requiring a detailed environmental impact statement (EIS). Requires FERC to permit contractors or consultants selected from a FERC-approved list and paid by the certificate applicant to prepare such required EISs and related documents.
Sets forth administrative procedures for rates and charges, utilization of rulemaking procedures, and review of FERC orders. Declares that the formation or operation of an independent producer cooperative shall only be an illegal antitrust law violation if anticompetitive effects substantially outweigh the procompetitive effects.
Declares that certain activities related to the sale and distribution of vehicular natural gas (VNG) shall not subject currently exempt entities to the jurisdiction of the Natural Gas Act. Provides that persons not otherwise public utilities may sell or transport VNG without becoming subject to the jurisdiction of State laws in effect before January 1, 1989. States that the VNG activities alone shall not subject a company to regulation under the Public Utility Holding Company Act of 1935 (PUHCA) or change the status of companies already registered as gas utility companies.
Provides for streamlining of the certificate issuance procedure, especially with respect to repair and replacement facilities, unopposed applications, evidence of need, and phased consideration of need and certificate applications.
Authorizes FERC to order an interstate pipeline to interconnect with a production or gathering facility, or an intrastate or OC pipeline in the production area.
Authorizes FERC, after a hearing, to exempt the natural gas cost component of a pipeline's rates from regulation after finding that the pipeline provided comparable transportation service and served a competitive market.
Amends the Department of Energy Organization Act to provide that general policy discussions by all members of FERC do not constitute a meeting for Sunshine Act purposes.
Title XII: Outer Continental Shelf - Amends the Outer Continental Shelf Lands Act to add a new title: the "Coastal State and Community Outer Continental Shelf Impact Assistance Act". Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund, to be funded by a specified percentage of all new revenue attributable to an Outer Continental Shelf lease any part of which is within 200 geographical miles of the coast line. Directs the Secretary of the Interior to annually transmit impact assistance from such Fund to coastal States according to prescribed guidelines. Requires a recipient coastal State to prioritize allocation of such revenues among its subdivisions which are socially or economically impacted by Outer Continental Shelf mineral development.
Directs the Secretary to report to certain congressional committees on the availability of Outer Continental Shelf areas for oil and gas leasing, development and production.
Title XIII: Research, Development, Demonstration and Commercialization Activities - Directs the Secretary to: (1) establish priorities according to prescribed criteria for energy research and development and commercialization; and (2) submit to the Congress an accompanying management plan which shall be revised biennially.
Requires the Secretary to implement a program: (1) promoting the development and commercialization of new and advanced natural gas utilization technologies; (2) of research and development to increase the recoverable natural gas resource base; (3) of research, development, and commercialization of specified high efficiency heat engines; (4) of research and development of oil shale; (5) of research on extracting oil from western oil shales (including, if appropriate, establishment of at least one field testing center); and (6) of research, development, and demonstration of a high-temperature superconducting electric power system. Authorizes appropriations.
Amends REEETCA to repeal the authorization limitations for: (1) renewable energy research and development programs; and (2) energy efficiency research and development programs.
Directs the Secretary to expand or institute programs of research, development, and demonstration for: (1) natural gas and electric heating and cooling technologies for residential and commercial buildings; (2) fusion energy that leads to electricity production after the year 2010; (3) techniques related to improving electric vehicles, electric-hybrid vehicles, and battery technology; and (4) increased economic recoverability of domestic oil resources including both advanced secondary oil recovery and tertiary oil recovery. Authorizes appropriations.
Directs the Secretary to study and report to the Congress on: (1) the development potential of domestic tar sands sources; (2) the potential costs and benefits of telecommuting; (3) the potential for minimizing the volume and toxic lifetime of nuclear waste; and (4) the adequacy of current programs and plans of nuclear waste management. Authorizes appropriations.
Directs the Secretary to enter into agreements with qualified entities to provide post-secondary science and mathematics education programs for low-income and first generation college students. Authorizes appropriations.
Title XIV: Coal, Coal Technology, and Electricity - Subtitle A: Coal and Coal Technology - Requires the Secretary to conduct: (1) an advanced coal-based technology research and development program aimed at controlling sulfur and nitrogen oxides at greater proficiency levels (and report periodically to the Congress on the program's status); (2) a research and development program on technologies for non-fuel use of coal (after first submitting a plan to the Congress); (3) a research, development, demonstration, and commercialization program for coal refining technologies; (4) a research, development, and demonstration program for underground coal gasification technology for in-situ conversion of coal to a cleaner burning, easily transportable gaseous fuel; (5) a low-rank coal research and development program; (6) a proof-of-concept program in magnetohydrodynamics; and (7) a research, development, and demonstration program for using ultra-clean coal-water slurry in diesel locomotive engines. Requires the Secretary to submit to certain congressional committees a plan for the export of U.S. coal.
Establishes the Clean Coal Technology Export Coordinating Council (Council) to: (1) expand the export and use of clean coal technologies (especially in lesser developed countries); and (2) develop a comprehensive data base and information dissemination system regarding their potential need and availability. Authorizes appropriations.
Requires the Secretary to report to certain congressional committees regarding the status of technologies for combining coal with other materials.
Directs the Secretary to: (1) establish a national clearinghouse for the exchange and dissemination of technical information on technology relating to coal and coal-derived fuels; and (2) study and report to the Congress on the institutional, legal, and regulatory barriers to increased use of coal combustion byproducts by potential governmental and commercial users. Authorizes appropriations.
Directs the Secretary to: (1) establish a data base containing all transportation rates for specified modes of transporting domestic coal for a certain period; (2) study the rates and distribution patterns of domestic coal to determine the impact of Federal policies upon such patterns; and (3) report the data base and study results to the Congress.
Subtitle B: Electricity - Declares that for purposes of the Clean Air Act certain physical or operational changes to an electric utility steam generating unit undertaken for purposes of pollution control shall not be treated as a modification if the change does not increase the maximum hourly emissions of any pollutant regulated under such Act above the maximum hourly emissions achievable at that unit during the last five years of operation before the change.
Sets conditions for finding such a unit in compliance with technology requirements with respect to nitrogen oxide emissions.
Requires the Secretary to study and report to the Congress on physical impediments to the transfer of excess electrical energy from regions with surplus electrical energy to regions experiencing shortages.
Declares that State regulatory authorities are not required to base calculations of avoided cost, under the Public Utility Policies Act (PURPA), on the rates for or the costs of demonstration projects under the Federal clean coal technology program.
Directs FERC to complete a rulemaking to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other innovative control technologies that limit power plant emissions. Requires FERC to establish a process for negotiating with potential developers of such technology projects to agree upon cost caps for future projects and preapproval of project expenses if they fall within the agreed-upon cap. Encourages States to provide additional incentives for the implementation of clean coal technologies, and requires FERC to give priority in incentive rate treatment to units located in States with incentive programs. Requires the Secretary to report to the Congress on progress in encouraging State regulatory authorities to provide such incentives.
Title XV: Public Utility Holding Company Act Reform - Defines an "exempt wholesale generator" (EWG) as a corporate entity: (1) engaged exclusively in the business of owning or operating all or part of one or more eligible facilities and selling electric energy at wholesale; and (2) exempt from corporate organizational restrictions under PUHCA. Permits registered utility holding companies, exempt utility holding companies, non-utilities, and other companies not currently subject to PUHCA to own EWGs without limitation.
Declares that the Securities and Exchange Commission (SEC) shall continue to have jurisdiction over: (1) the issuance of securities by a registered utility holding company in order to finance the acquisition of an EWG; (2) the guarantee of securities of an EWG by such a holding company; and (3) service, sales and construction contracts between an EWG and such a holding company, including the creation or maintenance of any other relationship (except ownership).
Prohibits FERC from approving a rate or charge for the sale of electricity by EWGs: (1) where a State commission would use the purchase of such electricity as the basis for not permitting recovery of existing capital investment by the purchasing utility (stranded investment); or (2) where the wholesale purchaser is merely a broker interposed for purposes of making an indirect sale to an industrial or other retail customer (sham wholesale transaction, also known as "cherry picking").
Declares that any rate or charge for the wholesale sale of electricity in interstate commerce by an EWG shall not be considered just and reasonable if it allows the EWG to receive undue advantage resulting from the fact that the purchaser is an affiliate or associate company of the EWG.
Amends the Federal Power Act to grant State commissions in accordance with State law the authority to review the prudence of wholesale electricity purchases by utilities under their jurisdiction, except in certain instances involving allocation of power costs within registered utility holding company systems. Extends such authority even within such systems in instances involving purchase of power from EWGs.
Amends PURPA to require State commissions to analyze the effects on reliability and utility purchasers of the use of leveraged capital structures by wholesale sellers of power (including EWGs) and the adequacy of fuel supplies employed by such sellers. Requires State commissions to consider reflecting the results of such analysis in approving or disapproving wholesale electricity purchases.
Requires EWGs to make their books and records available to State commissions.
Title XVI: Strategic Petroleum Reserve - Amends EPCA to add the Strategic Petroleum Reserve Enhancement Act of 1991. Directs the President to enlarge the Strategic Petroleum Reserve (SPR) to 1,000,000,000 barrels as rapidly as possible.
Authorizes the Secretary of Energy to create a 10,000,000 barrel Defense Petroleum Inventory (DPI). Authorizes the President, acting through the Secretary, to: (1) acquire petroleum products for storage in the SPR or the DPI from foreign governments without competitive procurement; and (2) contract, without regard to certain provisions of EPCA and other Federal law, for storage in the SPR or the DPI of petroleum products owned by foreign governments.