I
110th CONGRESS
1st Session
H. R. 4062
IN THE HOUSE OF REPRESENTATIVES
November 1, 2007
Mr. Matheson (for himself, Ms. Berkley, Mr. Bishop of Utah, and Mr. Cannon) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer spent nuclear fuel from the spent nuclear fuel pools of the operators into spent nuclear fuel dry casks at independent spent fuel storage installations of the operators that are licensed by the Nuclear Regulatory Commission, to convey to the Secretary of Energy title to all such transferred spent nuclear fuel, to provide for the transfer to the Secretary of the independent spent fuel storage installation operating responsibility of each plant together with the license granted by the Commission for the installation, and for other purposes.
Short title
This Act may be cited as
the Federal Accountability for Nuclear
Waste Storage Act of 2007
.
Dry cask storage of spent nuclear fuel
In general
Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following:
Dry cask storage of spent nuclear fuel
Dry cask storage of spent nuclear fuel
Definitions
In this section:
Contractor
The term contractor means a person that holds a contract under section 302(a) and is licensed by the Commission to possess spent nuclear power reactor fuel.
Spent nuclear fuel dry cask
The term spent nuclear fuel dry cask means the container (and all the components and systems associated with the container)—
in which spent nuclear fuel is stored and naturally cooled at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site; and
with a design that is approved by the Commission by license or rule.
Spent nuclear fuel pool
The term spent nuclear fuel pool means a water-filled container on a nuclear power reactor site in which spent nuclear fuel rods are stored.
Transfer of spent nuclear fuel
In general
A contractor shall transfer spent nuclear fuel from spent nuclear fuel pools to spent nuclear fuel dry casks at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site in accordance with this section.
Spent nuclear fuel stored as of date of enactment
Not later than 6 years after the date of enactment of this section, a contractor shall complete the transfer of all spent nuclear fuel that is stored in spent nuclear fuel pools as of the date of enactment of this section.
Spent nuclear fuel stored after date of enactment
Not later than 6 years after the date on which spent nuclear fuel is discharged from a reactor, a contractor shall complete the transfer of any spent nuclear fuel that is stored in a spent nuclear fuel pool after the date of enactment of this section.
Inadequate funds or availability
If funds are not available to complete a transfer under paragraph (2) or (3), or if spent nuclear fuel dry casks suitable for the particular fuel are not available on reasonable terms and conditions, the contractor may apply to the Commission to extend the deadline for the transfer to be completed.
Commission licensing
In general
The transfer under paragraph (2) or (3) shall be to spent nuclear fuel dry casks generally licensed by the Commission.
Generally licensed spent nuclear fuel dry casks unavailable
If generally licensed spent nuclear fuel dry casks described in subparagraph (A) are not available, the deadlines established in paragraphs (2) and (3) may be met by the good faith filing of an application to the Commission for a specific independent spent fuel storage installation license.
Expedited review
The Commission shall expedite the review and decision of the Commission on an application received under subparagraph (B) in a manner that is consistent with public health and safety, common defense and security, and the right of an interested person to a hearing under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Funding
The Secretary shall make grants to compensate a contractor for expenses incurred in carrying out subsection (b), including costs associated with—
licensing and construction of an independent spent fuel storage installation located at the power reactor site;
fabrication and delivery of spent nuclear fuel dry casks;
transfers of spent nuclear fuel;
documentation relating to the transfers;
security; and
hardening and other safety or security improvements.
Conveyance of title
Certification and conveyance of title
Certification
The Commission shall certify to the Secretary when safe and secure transfer of spent nuclear fuel has been carried out under paragraph (2) or (3) of subsection (b).
Acceptance of title
On receipt of the certification, the Secretary shall accept the conveyance of title to the spent nuclear fuel dry cask (including the contents of the spent nuclear fuel dry cask) from the contractor.
Responsibility
In general
A conveyance of title under paragraph (1)(B) shall confer on the Secretary full responsibility (including safety, security, and financial responsibility) for the subsequent possession, stewardship, maintenance, monitoring, and ultimate disposition of all spent nuclear fuel transferred to the Secretary.
Licenses
On conveyance of title—
the general or specific Commission license held by the contractor for the spent nuclear fuel dry cask shall be terminated; and
a general license for the spent nuclear fuel dry cask under sections 53 and 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2111) shall be issued to the Secretary.
Regulations
Not later than 5 years after the date of enactment of this section, the Commission shall promulgate regulations that establish the terms and conditions for licenses described in subparagraph (B)(ii).
Administration
In general
Not later than 5 years after the date of enactment of this section, the Secretary shall establish the capability to carry out subsection (d)(2) in a manner that protects the public health and safety and common defense and security, and complies with all applicable laws.
Contracts with licensees
In general
Subject to subparagraph (B), the Secretary may contract with a holder of the operating license issued by the Commission for 1 or more of the power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of all or part of the tasks required to carry out subsection (d)(2).
Effect of contract
A contract described in subparagraph (A) shall not relieve the Secretary of the ultimate responsibility of the Secretary under subsection (d)(2) and as a licensee of the Commission.
.
Use of Waste Fund
Section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amended—
in paragraph (5),
by striking and
at the end;
in paragraph (6),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
the costs incurred in carrying out subsections (c) and (e) of section 185.
.