Nuclear Energy Innovation and Modernization Act
Nuclear Energy Innovation and Modernization Act (NEIMA)
text
PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5565
Public Law 115–439
115th Congress
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
42 USC 2215
note.
42 USC 2215
note.
42 USC 2011
note.
Nuclear Energy
Innovation and
Modernization
Act.
Jan. 14, 2019
[S. 512]
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132 STAT. 5566 PUBLIC LAW 115–439—JAN. 14, 2019
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.
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PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5567
(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
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132 STAT. 5568 PUBLIC LAW 115–439—JAN. 14, 2019
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
42 USC 2215.
42 USC 2214
note.
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PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5569
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
Time period.
Determination.
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132 STAT. 5570 PUBLIC LAW 115–439—JAN. 14, 2019
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.
Deadlines.
Regulations.
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PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5571
(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
Guidance.
Procedures.
Deadlines.
Strategies.
42 USC 2133
note.
Recommendations.
Regulations.
Audits.
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132 STAT. 5572 PUBLIC LAW 115–439—JAN. 14, 2019
(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;
Regulations.
Guidance.
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PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5573
(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
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132 STAT. 5574 PUBLIC LAW 115–439—JAN. 14, 2019
(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 performancebased 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.
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PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5575
(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 technologyinclusive 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;
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132 STAT. 5576 PUBLIC LAW 115–439—JAN. 14, 2019
(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
Deadline.
Publication.
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PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5577
(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
Public
information.
Licensing.
42 USC 2134
note.
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132 STAT. 5578 PUBLIC LAW 115–439—JAN. 14, 2019
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.
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PUBLIC LAW 115–439—JAN. 14, 2019 132 STAT. 5579
LEGISLATIVE HISTORY—S. 512:
SENATE REPORTS: No. 115–86 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 20, considered and passed Senate.
Dec. 21, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
Jan. 14, Presidential statement.
Æ
(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).
Approved January 14, 2019.
Report.
Deadline.
Recommendations.
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