[Senate Report 116-114]
[From the U.S. Government Publishing Office]
Calendar No. 217
116th Congress } { Report
SENATE
1st Session } { 116-114
======================================================================
NUCLEAR ENERGY LEADERSHIP ACT
_______
September 24, 2019.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 903]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 903) to direct the Secretary of Energy to
establish advanced nuclear goals, provide for a versatile,
reactor-based fast neutron source, make available high-assay,
low-enriched uranium for research, development, and
demonstration of advanced nuclear reactor concepts, and for
other purposes, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Energy Leadership Act''.
SEC. 2. AUTHORIZATION OF LONG-TERM POWER PURCHASE AGREEMENTS.
Section 501(b)(1) of title 40, United States Code, is amended by
striking subparagraph (B) and inserting the following:
(B) Public utility contracts.--
(i) Term.--
(I) In general.--A contract under
this paragraph to purchase electricity
from a public utility may be for a
period of not more than 40 years.
(II) Other public utility services.--
A contract under this paragraph for a
public utility service other than a
service described in subclause (I) may
be for a period of not more than 10
years.
(ii) Costs.--The cost of a contract under
this paragraph for any fiscal year may be paid
from the appropriations for that fiscal year.
SEC. 3. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
(a) In General.--Subtitle B of title VI of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 782) is amended by adding at the end
the following:
SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program
for a long-term nuclear power purchase agreement.
(b) Requirements.--In developing the pilot program under this
section, the Secretary shall--
(1) consult and coordinate with the heads of other Federal
departments and agencies that may benefit from purchasing
nuclear power for a period of longer than 10 years, including--
(A) the Secretary of Defense; and
(B) the Secretary of Homeland Security; and
(2) not later than December 31, 2023, enter into at least 1
agreement to purchase power from a commercial nuclear reactor
that receives the first license for that reactor from the
Nuclear Regulatory Commission after January 1, 2019.
(c) Factors for Consideration.--
(1) In general.--In carrying out this section, the Secretary
shall give special consideration to power purchase agreements
for first-of-a-kind or early deployment nuclear technologies
that can provide reliable and resilient power to high-value
assets for national security purposes or other purposes as the
Secretary determines to be in the national interest, especially
in remote off-grid scenarios or grid-connected scenarios that
can provide capabilities commonly known as `islanding power
capabilities' during an emergency scenario.
(2) Effect on rates.--An agreement to purchase power under
this section may be at a rate that is higher than the average
market rate, if the agreement fulfills an applicable
consideration described in paragraph (1).
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by inserting
after the item relating to section 639 the following:
``Sec. 640. Long-term nuclear power purchase agreement pilot
program.''.
SEC. 4. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the
following:
SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
(A) a nuclear fission reactor, including a prototype
plant (as defined in sections 50.2 and 52.1 of title
10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--
(i) additional inherent safety features;
(ii) lower waste yields;
(iii) improved fuel performance;
(iv) increased tolerance to loss of fuel
cooling;
(v) enhanced reliability;
(vi) increased proliferation resistance;
(vii) increased thermal efficiency;
(viii) reduced consumption of cooling water;
(ix) the ability to integrate into electric
applications and nonelectric applications;
(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity; or
(xi) operational flexibility to respond to
changes in demand for electricity and to
complement integration with intermittent
renewable energy; and
(B) a fusion reactor.
(2) Demonstration project.--The term `demonstration project'
means--
(A) an advanced nuclear reactor operated--
(i) as part of the power generation
facilities of an electric utility system; or
(ii) in any other manner for the purpose of
demonstrating the suitability for commercial
application of the advanced nuclear reactor;
(B) the demonstration of privately funded
experimental advanced nuclear reactors, funded in whole
or in part by the private sector, at National
Laboratories or other sites owned by the Department of
Energy; and
(C) an advanced nuclear reactor demonstrated by the
Secretary of Defense in cooperation with the Secretary
of Energy.
(b) Purpose.--The purpose of this section is to direct the
Secretary, as soon as practicable after the date of enactment of this
section, to advance the research and development of domestic advanced,
affordable, and clean nuclear energy by--
(1) demonstrating different advanced nuclear reactor
technologies that could be used by the private sector to
produce--
(A) emission-free power at a levelized cost of
electricity of $60 per megawatt-hour or less;
(B) heat for community heating, industrial purposes,
or synthetic fuel production;
(C) remote or off-grid energy supply; or
(D) backup or mission-critical power supplies;
(2) developing subgoals for nuclear energy research programs
that would accomplish the goals of the demonstration projects
carried out under subsection (c);
(3) identifying research areas that the private sector is
unable or unwilling to undertake due to the cost of, or risks
associated with, the research; and
(4) facilitating the access of the private sector
(A) to Federal research facilities and personnel; and
(B) to the results of research relating to civil
nuclear technology funded by the Federal Government.
(c) Demonstration Projects.--
(1) In general.--The Secretary shall, to the maximum extent
practicable--
(A) enter into agreements to complete not fewer than
2 demonstration projects by not later than December 31,
2025; and
(B) establish a program to enter into agreements to
demonstrate not fewer than 2, and not more than 5,
additional operational advanced reactor designs by not
later than December 31, 2035.
(2) Requirements.--In carrying out demonstration projects
under paragraph (1), the Secretary shall--
(A) include diversity in designs for the advanced
nuclear reactors demonstrated under this section,
including designs using various--
(i) primary coolants;
(ii) fuel types and compositions; and
(iii) neutron spectra;
(B) seek to ensure that--
(i) the long-term cost of electricity or heat
for each design to be demonstrated under this
subsection is cost-competitive in the
applicable market;
(ii) the selected projects can meet the
deadline established in paragraph (1) to
demonstrate first-of-a-kind advanced nuclear
reactor technologies, for which additional
information shall be considered, including--
(I) the technology readiness level of
a proposed advanced nuclear reactor
technology;
(II) the technical abilities and
qualifications of teams desiring to
demonstrate a proposed advanced nuclear
reactor technology; and
(III) the capacity to meet cost-share
requirements of the Department;
(C) ensure that each evaluation of candidate
technologies for the demonstration projects is
completed through an external review of proposed
designs, which review shall--
(i) be conducted by a panel that includes not
fewer than 1 representative of each of--
(I) an electric utility; and
(II) an entity that uses high-
temperature process heat for
manufacturing or industrial processing,
such as a petrochemical company, a
manufacturer of metals, or a
manufacturer of concrete;
(ii) include a review of cost-competitiveness
and other value streams, together with the
technology readiness level, of each design to
be demonstrated under this subsection; and
(iii) not be required for a demonstration
project that is not federally funded;
(D) for federally funded demonstration projects,
enter into cost-sharing agreements with private sector
partners in accordance with section 988 for the conduct
of activities relating to the research, development,
and demonstration of private-sector advanced nuclear
reactor designs under the program;
(E) work with private sector partners to identify
potential sites, including Department-owned sites, for
demonstrations, as appropriate;
(F) align specific activities carried out under
demonstration projects carried out under this
subsection with priorities identified through direct
consultations between--
(i) the Department;
(ii) National Laboratories;
(iii) institutions of higher education;
(iv) traditional end-users (such as electric
utilities);
(v) potential end-users of new technologies
(such as users of high-temperature process heat
for manufacturing processing, including
petrochemical companies, manufacturers of
metals, or manufacturers of concrete); and
(vi) developers of advanced nuclear reactor
technology; and
(G) seek to ensure that the demonstration projects
carried out under paragraph (1) do not cause any delay
in a deployment of an advanced reactor by private
industry and the Department of Energy that is underway
as of the date of enactment of this section.
(3) Additional requirements.--In carrying out demonstration
projects under paragraph (1), the Secretary shall--
(A) identify candidate technologies that--
(i) are not developed sufficiently for
demonstration within the initial required
timeframe described in paragraph (1)(A); but
(ii) could be demonstrated within the
timeframe described in paragraph (1)(B);
(B) identify technical challenges to the candidate
technologies identified in subparagraph (A);
(C) support near-term research and development to
address the highest-risk technical challenges to the
successful demonstration of a selected advanced reactor
technology, in accordance with--
(i) subparagraph (B); and
(ii) the research and development activities
under section 958;
(D) establish such technology advisory working groups
as the Secretary determines to be appropriate to advise
the Secretary regarding the technical challenges
identified under subparagraph (B) and the scope of
research and development programs to address the
challenges, in accordance with subparagraph (C), to be
comprised of--
(i) private--sector advanced nuclear reactor
technology developers;
(ii) technical experts with respect to the
relevant technologies at institutions of higher
education; and
(iii) technical experts at the National
Laboratories.
(d) Goals.--
(1) In general.--The Secretary shall establish goals for
research relating to advanced nuclear reactors facilitated by
the Department that support the objectives of the program for
demonstration projects established under subsection (c).
(2) Coordination.--In developing the goals under paragraph
(1), the Secretary shall coordinate, on an ongoing basis, with
members of private industry to advance the demonstration of
various designs of advanced nuclear reactors.
(3) Requirements.--In developing the goals under paragraph
(1), the Secretary shall ensure that (A) research activities
facilitated by the Department to meet the goals developed under
this subsection are focused on key areas of nuclear research
and deployment ranging from basic science to full-design
development, safety evaluation, and licensing;
(B) research programs designed to meet the goals
emphasize--
(i) resolving materials challenges relating
to extreme environments, including extremely
high levels of--
(I) radiation fluence;
(II) temperature;
(III) pressure; and
(IV) corrosion; and
(ii) qualification of advanced fuels;
(C) activities are carried out that address near-term
challenges in modeling and simulation to enable
accelerated design and licensing;
(D) related technologies, such as technologies to
manage, reduce, or reuse nuclear waste, are developed;
(E) nuclear research infrastructure is maintained or
constructed, such as--
(i) currently operational research reactors
at the National Laboratories and institutions
of higher education;
(ii) hot cell research facilities;
(iii) a versatile fast neutron source; and
(iv) a molten salt testing facility;
(F) basic knowledge of non-light water coolant
physics and chemistry is improved;
(G) advanced sensors and control systems are
developed; and
(H) advanced manufacturing and advanced construction
techniques and materials are investigated to reduce the
cost of advanced nuclear reactors.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) in the items relating to sections 957, 958, and 959, by
inserting ``Sec.'' before ``9'' each place it appears; and
(3) by inserting after the item relating to section 959 the
following:
``Sec. 959A. Advanced nuclear reactor research and development
goals.''.
SEC. 5. NUCLEAR ENERGY STRATEGIC PLAN.
(a) In General.--Subtitle E of title IX of the Energy Policy Act
of 2005 (42 U.S.C. 16271 et seq.) (as amended by section 4(a)) is
amended by adding at the end the following:
SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committees on
Energy and Commerce and Science, Space, and Technology of the House of
Representatives a 10-year strategic plan for the Office of Nuclear
Energy of the Department, in accordance with this section.
(b) Requirements.--
(1) Components.--The strategic plan under this section shall
designate--
(A) programs that support the planned accomplishment
of--
(i) the goals established under section 959A;
and
(ii) the demonstration programs identified
under subsection (c) of that section; and
(B) programs that--
(i) do not support the planned accomplishment
of demonstration programs, or the goals,
referred to in subparagraph (A); but
(ii) are important to the mission of the
Office of Nuclear Energy, as determined by the
Secretary.
(2) Program planning.--In developing the strategic plan under
this section, the Secretary shall specify expected timelines
for, as applicable--
(A) the accomplishment of relevant objectives under
current programs of the Department; or
(B) the commencement of new programs to accomplish
those objectives.
(c) Updates.--Not less frequently than once every 2 years, the
Secretary shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committees on Energy and Commerce and Science,
Space, and Technology of the House of Representatives an updated 10-
year strategic plan in accordance with subsection (b), which shall
identify, and provide a justification for, any major deviation from a
previous strategic plan submitted under this section.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594) (as amended by section
4(b)(3)) is amended by inserting after the item relating to section
959A the following:
``Sec. 959B. Nuclear energy strategic plan.''.
SEC. 6. VERSATILE, REACTOR-BASED FAST NEUTRON SOURCE.
Section 955(c)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16275(c)(1)) is amended--
(1) in the paragraph heading, by striking ``Mission need''
and inserting ``Authorization''; and
(2) in subparagraph (A), by striking ``determine the mission
need'' and inserting ``provide''.
SEC. 7. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
(a) Findings.--Congress finds that--
(1) the national security nuclear enterprise, which supports
the nuclear weapons stockpile stewardship and naval reactors
functions of the National Nuclear Security Administration,
requires a domestic source of low- and high-enriched uranium in
accordance with legal restrictions regarding foreign
obligations relating to the beginning stage of the nuclear fuel
cycle;
(2) many domestic advanced nuclear power industry
participants require access to high-assay, low-enriched uranium
fuel for
(A) initial fuel testing;
(B) operation of demonstration reactors; and
(C) commercial operation of advanced nuclear
reactors;
(3) nuclear fuel supply technology originating in the United
States is not required for use in civilian advanced reactor
applications;
(4) as of the date of enactment of this Act, no domestic
uranium enrichment or fuel fabrication capability is licensed
for uranium fuel enriched to greater than 5 weight percent of
the uranium-235 isotope;
(5) a healthy commercial nuclear fuel cycle capable of
providing higher levels of enriched uranium would benefit--
(A) the relevant national security functions of the
National Nuclear Security Administration; and
(B) the domestic advanced nuclear industry of the
United States; and
(6) making limited quantities of high-assay, low-enriched
uranium available from Department of Energy stockpiles of
uranium would allow for initial fuel testing and demonstration
of advanced nuclear reactor concepts, accelerating--
(A) the path to market of those concepts; and
(B) the development of--
(i) a market for advanced nuclear reactors;
and
(ii) a resulting growing commercial nuclear
fuel cycle capability.
(b) Amendment.--
(1) In General.--Subtitle E of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by section
5(a)) is amended by adding at the end the following:
SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
(a) Definitions.--In this section:
(1) HALEU transportation package.--The term ``HALEU
transportation package'' means a transportation package that is
suitable for transporting high-assay, low-enriched uranium.
(2) High-assay, low-enriched uranium.--The term ``high-assay,
low-enriched uranium'' means uranium with an assay greater than
5 weight percent, but less than 20 weight percent, of the
uranium-235 isotope.
(3) High-enriched uranium.--The term ``high-enriched
uranium'' means uranium with an assay of 20 weight percent or
more of the uranium-235 isotope.
(b) High-Assay, Low-Enriched Uranium Program for Advanced Reactors.
(1) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish a
program to make available high-assay, low-enriched uranium,
through contracts for sale, resale, transfer, or lease, for use
in commercial or noncommercial advanced nuclear reactors.
(2) Nuclear fuel ownership.--Each lease under this subsection
shall include a provision establishing that the nuclear fuel
that is the subject of the lease shall remain the property of
the Department, including with respect to responsibility for
the final disposition of all radioactive waste created by the
irradiation, processing, or purification of any leased uranium.
(3) Quantity.--In carrying out the program under this
subsection, the Secretary shall make available--
(A) by December 31, 2022, high-assay, low-enriched
uranium containing not less than 2 metric tons of the
uranium-235 isotope; and
(B) by December 31, 2025, high-assay, low-enriched
uranium containing not less than 10 metric tons of the
uranium-235 isotope (as determined including the
quantities of the uranium-235 isotope made available
before December 31, 2022).
(4) Factors for consideration.--In carrying out the program
under this subsection, the Secretary shall take into
consideration--
(A) options for providing the high-assay, low-
enriched uranium under this subsection from a stockpile
of uranium owned by the Department (including the
National Nuclear Security Administration), including--
(i) fuel that--
(I) directly meets the needs of an
end-user; but
(II) has been previously used or
fabricated for another purpose;
(ii) fuel that can meet the needs of an end-
user after removing radioactive or other
contaminants that resulted from a previous use
or fabrication of the fuel for research,
development, demonstration, or deployment
activities of the Department (including
activities of the National Nuclear Security
Administration); and
(iii) fuel from a high-enriched uranium
stockpile, which can be blended with lower-
assay uranium to become high-assay, low-
enriched uranium to meet the needs of an end-
user; and
(B) requirements to support molybdenum-99 production
under the American Medical Isotopes Production Act of
2012 (Public Law 112-239; 126 Stat. 2211).
(5) Limitation.--The Secretary shall not barter or otherwise
sell or transfer uranium in any form in exchange for services
relating to the final disposition of radioactive waste from
uranium that is the subject of a lease under this subsection.
(6) Sunset.--The program under this subsection shall
terminate on the earlier of--
(A) January 1, 2035; and
(B) the date on which uranium enriched up to, but not
equal to, 20 weight percent can be obtained in the
commercial market from domestic suppliers.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report that describes
actions proposed to be carried out by the Secretary--
(A) under the program under subsection (b); or
(B) otherwise to enable the commercial use of high-
assay, low-enriched uranium.
(2) Coordination and stakeholder input.--In developing the
report under this subsection, the Secretary shall seek input
from--
(A) the Nuclear Regulatory Commission;
(B) the National Laboratories;
(C) institutions of higher education;
(D) producers of medical isotopes;
(E) a diverse group of entities operating in the
nuclear energy industry; and
(F) a diverse group of technology developers.
(3) Cost and schedule estimates.--The report under this
subsection shall include estimated costs, budgets, and
timeframes for enabling the use of high-assay, low-enriched
uranium.
(4) Required evaluations.--The report under this subsection
shall evaluate--
(A) the costs and actions required to establish and
carry out the program under subsection (b), including
with respect to--
(i) proposed preliminary terms for the sale,
resale, transfer, and leasing of high-assay,
low-enriched uranium (including guidelines
defining the roles and responsibilities between
the Department and the purchaser, transfer
recipient, or lessee); and
(ii) the potential to coordinate with
purchasers, transfer recipients, and lessees
regarding--
(I) fuel fabrication; and
(II) fuel transport;
(B) the potential sources and fuel forms available to
provide uranium for the program under subsection (b);
(C) options to coordinate the program under
subsection (b) with the operation of the versatile,
reactor-based fast neutron source under section 959A;
(D) the ability of the domestic uranium market to
provide materials for advanced nuclear reactor fuel;
and
(E) any associated legal, regulatory, and policy
issues that should be addressed to enable--
(i) the program under subsection (b); and
(ii) the establishment of a domestic industry
capable of providing high-assay, low-enriched
uranium for commercial and noncommercial
purposes, including with respect to the needs
of--
(I) the Department;
(II) the Department of Defense; and
(III) the National Nuclear Security
Administration.
(d) HALEU Transportation Package Research Program.--
(1) In general.--As soon as practicable after the date of
enactment of this section, the Secretary shall establish a
research, development, and demonstration program under which
the Secretary shall provide grants, on a competitive basis, to
establish the capability to transport high-assay, low-enriched
uranium.
(2) Requirement.--The focus of the program under this
subsection shall be to establish 1 or more HALEU transportation
packages that can be certified by the Nuclear Regulatory
Commission to transport high-assay, low-enriched uranium to the
various facilities involved in producing or using nuclear fuel
containing high-assay, low-enriched uranium, such as--
(A) enrichment facilities;
(B) fuel processing facilities;
(C) fuel fabrication facilities; and
(D) nuclear reactors..
(2) Table of contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) (as
amended by section 5(b)) is amended by inserting after the item
relating to section 959B the following:
``Sec. 960. Advanced nuclear fuel security program.''.
SEC. 8. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
(a) Findings.--Congress finds that--
(1) Nuclear power plants--
(A) generate billions of dollars in national economic
activity through procurements throughout the United
States; and
(B) provide tens of thousands of people in the United
States with high-paying jobs, contributing
substantially to the local economies of the communities
in which the plants operate;
(2) the world market for the growth of commercial nuclear
power was estimated by the Department of Commerce to be valued
at up to $740,000,000,000 during the period of calendar years
2018 through 2028;
(3) the participation and leadership of the United States in
the market described in paragraph (2) will
(A)(i) increase economic activity in the United
States through robust nuclear exports, leading to the
enhanced economic security of the United States; and
(ii) preserve and enhance the ability of the
United States to positively influence
international nuclear safety, security, and
nonproliferation standards through commercial
engagement with other nations; but
(B) require significant investment in United States-
origin advanced nuclear technologies;
(4) in order to lead the world in the next generation of
commercial nuclear power, the advanced nuclear industry in the
United States should be positioned for accelerated growth,
which requires public-private partnerships between industry
entities and the Federal Government;
(5) success in achieving the goals described in this
subsection will require a whole-government Federal approach
that focuses on the shared needs and individual mission
requirements of, at a minimum
(A) the Department of Energy;
(B) the National Nuclear Security Administration; and
(C) the Nuclear Regulatory Commission;
(6) advanced reactors present new challenges and
opportunities in reactor design, safeguards, and regulation;
(7) the challenges referred to in paragraph (6)
(A) are directly relevant to the missions of
(i) the Office of Nuclear Energy of the
Department of Energy;
(ii) the National Nuclear Security
Administration; and
(iii) the Nuclear Regulatory Commission; and
(B) require a highly skilled workforce in order to be
met; and
(8) nuclear science and engineering programs at institutions
of higher education in the United States--
(A) annually award degrees in nuclear engineering and
related fields to more than 600 undergraduate students,
and 500 graduate students, who are critical to
maintaining United States leadership in the development
of advanced nuclear systems;
(B) perform cutting-edge research and technology
development activities that have made fundamental
contributions to advancing United States nuclear
technology; and
(C) support workforce development critical to
maintaining United States leadership in nuclear
detection, nonproliferation, nuclear medicine, advanced
manufacturing, and other non-energy areas.
(b) Amendment.--Section 313 of the Energy and Water Development and
Related Agencies Appropriations Act, 2009 (42 U.S.C. 16274a), is
amended to read as follows:
SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means
(A) a nuclear fission reactor, including a prototype
plant (as defined in sections 50.2 and 52.1 of title
10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--
(i) additional inherent safety features;
(ii) lower waste yields;
(iii) improved fuel performance;
(iv) increased tolerance to loss of fuel
cooling;
(v) enhanced reliability;
(vi) increased proliferation resistance;
(vii) increased thermal efficiency;
(viii) reduced consumption of cooling water;
(ix) the ability to integrate into electric
applications and nonelectric applications;
(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity; or
(xi) operational flexibility to respond to
changes in demand for electricity and to
complement integration with intermittent
renewable energy; and
(B) a fusion reactor.
(2) Institution of higher education.--The term `institution
of higher education' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(3) Program.--The term `Program' means the University Nuclear
Leadership Program established under subsection (b).
(b) Establishment.--The Secretary of Energy, the Administrator of
the National Nuclear Security Administration, and the Chairman of the
Nuclear Regulatory Commission shall jointly establish a program, to be
known as the `University Nuclear Leadership Program'.
(c) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), amounts
made available to carry out the Program shall be used to
provide financial assistance for scholarships, fellowships, and
research and development projects at institutions of higher
education in areas relevant to the programmatic mission of the
applicable Federal agency providing the financial assistance
with respect to research, development, demonstration, and
deployment activities for technologies relevant to advanced
nuclear reactors, including relevant fuel cycle technologies.
(2) Exception.--Notwithstanding paragraph (1), amounts made
available to carry out the Program may be used to provide
financial assistance for a scholarship, fellowship, or
multiyear research and development project that does not align
directly with a programmatic mission of the applicable Federal
agency providing the financial assistance, if the activity for
which assistance is provided would facilitate the maintenance
of the discipline of nuclear science or nuclear engineering.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Program for fiscal year 2020 and each
fiscal year thereafter--
(1) $30,000,000 to the Secretary of Energy, of which
$15,000,000 shall be for use by the Administrator of the
National Nuclear Security Administration; and
(2) $15,000,000 to the Nuclear Regulatory Commission.
Purpose
The purpose of S. 903 is to direct the Secretary of Energy
to establish advanced nuclear goals, provide for a versatile,
reactor-based fast neutron source, and make available high-
assay, low-enriched uranium (HALEU) for research, development,
and demonstration (RD&D) of advanced nuclear reactor concepts.
Background and Need
Nuclear plants have operated safely and reliably since
their initial commercial deployment in the 1950s in the U.S.--
and currently represent about 60 percent of the United States'
carbon free power and nearly 20 percent of all of the nation's
electric power generation. Civil nuclear technology today
heavily relies on light-water reactor technology developed in
the 1950s for use by the U.S. Navy. Because the U.S. had the
most robust and advanced technology at the time, the U.S. was
the undisputed international leader on proliferation
safeguards, technology, materials, and global industry safety
standards. Additionally, the nuclear science and engineering
ecosystem developed within the U.S. to support the commercial
and defense sectors was comprised of the world's best
laboratory capabilities, university professors, and nuclear
supply chain, which bolstered our national security enterprise,
including the best-in class naval reactors on U.S. submarines
and aircraft carriers.
These same experts were testing light-water technologies
and other more exotic advanced reactor designs at sites that
would become today's Department of Energy (DOE) national
laboratories. At that time, the U.S. was investigating
different types of coolants, fuels, and materials that promised
increased reactor performance. However, many of the
technologies and materials were not yet ready for full-scale
commercial deployment.
Due to the economic challenges that face large light water
reactors and interests to reduce carbon, innovators around the
world have been working to commercialize advanced nuclear
reactors. In doing so, they are revisiting data collected
during the 1960s, but moving beyond initial tests to design the
next-generation of reactors. While based on old concepts, the
innovations rely on new ideas and employ state of the art
computer engineering, physics, design tools, and materials.
The U.S. has ceded global nuclear leadership to China and Russia
The U.S. has since lost its position in global nuclear
leadership, having been surpassed by China and Russia. These
nations and other U.S. competitors continued to build new
nuclear reactors through the 1990s and 2000s, within their
borders and around the world. Since 1990, the U.S. has
completed only one commercial reactor construction project, at
the Tennessee Valley Authority's Watts Bar plant (although this
reactor's construction was started in the 1980s and then put on
hold for decades until completion in 2016).
The health of the U.S. nuclear sector will depend on not
only its ability to deploy reactors domestically, but on its
ability to meet global market needs. More than 1.3 billion
people will require electricity to move out of poverty while
simultaneously working to cut carbon emissions. The Chinese
government has committed to construct 120 to 150 gigawatts-
electric of nuclear by 2030 and India wishes to meet 25 percent
of its electricity needs with nuclear energy by 2050. Access to
the global nuclear market, which is estimated at over $75
billion in new investment annually, and ability to provide
advanced nuclear technologies on a relevant timescale will
determine the competitiveness of U.S.-based technologies.
In addition, the U.S. has prematurely shut down seven
reactors since 2013, due to various issues, including economic
competition from natural gas and subsidized renewables, anti-
nuclear political pressure, and maintenance challenges. There
are now 98 commercial reactors operating in the U.S. with only
two new units currently under construction and an additional 12
units scheduled to be closed by 2025. Continued investment in
material and fuel research is essential for maintaining the
viability of the commercial reactor fleet.
The loss of U.S. nuclear leadership has broad impacts
The loss of leadership equates to adverse effects on U.S.
clean energy generation, economic competitiveness, and national
security. To reestablish global nuclear leadership, the U.S.
must have a healthy nuclear ecosystem capable of designing and
deploying the most advanced reactor concepts in the world at a
competitive price.
At the Committee's February 28, 2019, hearing to examine
global markets, Dr. Fatih Birol, the Executive Director of the
International Energy Agency, testified as to the importance of
nuclear energy within the U.S. energy generation mix, as well
as American global leadership on nuclear issues. At the
Committee's February 7, 2019, hearing on the status and outlook
of energy innovation in the United States, multiple witnesses
testified regarding the importance of advanced nuclear
technologies as key components in a future generation mix that
is clean, safe, reliable, flexible, and diverse.
Fortunately, there is a burgeoning community of advanced
reactor innovators in the U.S., led by the private sector and
supported by DOE and its national laboratories. A study by
Third Way in 2016 identified 54 advanced reactor developers in
the U.S. Three of these companies provided testimony to the
Committee at a May 17, 2016, hearing on advanced nuclear
technologies.
Micro-reactors can lower emissions, power remote communities, and
further national security efforts
One of the most challenging sectors of the energy economy
from which to lower carbon emissions is the diesel generation
market. Powering small remote communities, military
installations, and remote mineral development projects, as well
as providing backup power for high-value assets, continuous
manufacturing processes, hospitals, and other community
services are all dominated by diesel generation, which is often
high-cost and high-emissions. Recent studies have shown that a
subset of advanced reactors, called micro-reactors, could
provide power on the order of single megawatts, be immediately
competitive with diesel power, and lower energy costs
substantially.
As authorized by the John S. McCain National Defense
Authorization Act of Fiscal Year 2019 (Public Law 115-232), the
Department of Defense (DoD) and DOE are exploring potential
micro-reactors that could provide reliable and resilient power
to DoD bases and installations. This effort is building upon
other work that has examined the usefulness of micro-reactors
or small modular reactors for defense needs, including a
Defense Science Board Report from 2016 and a study by Sandia
National Laboratory for the U.S. Air Force.
Industrial applications
The industrial sector relies on process heat to manufacture
iron and steel, forest products, advanced materials, cement,
glass, and many other products. Process heat requires a high
amount of energy in order to reach temperatures as high as
1500+C and is currently dependent on carbon-intensive
technologies. The industrial sector represents around 20
percent of total direct U.S. greenhouse gas emissions and will
require technological advances in nuclear energy to become a
zero emission sector. Additionally, advanced nuclear could also
play a critical role in hydrogen production and seawater
desalination processes.
Challenges facing commercial nuclear innovation
Despite the many anticipated benefits of advanced reactors,
including micro-reactors, there are many challenges that stand
in the way of commercial nuclear innovators based in the U.S.
bringing technologies to market in a globally relevant
timeframe.
The advanced nuclear industry needs access to testing
capabilities that do not currently exist in the U.S., including
neutron irradiation facilities with a fast-neutron spectrum,
and access to high assay low-enriched uranium, which is not
commercially available in the U.S. There is also the need to
identify and develop a market for early first adopters of their
technologies. Meanwhile, the advanced nuclear industry, DOE,
the National Nuclear Security Agency, and the Nuclear
Regulatory Commission all need qualified nuclear scientists and
engineers who can research, develop, commercialize, regulate,
and safeguard advanced nuclear reactor technologies. S. 903,
the Nuclear Energy Leadership Act, would set new policies for
DOE to facilitate public-private partnerships to meet these
specific challenges and accelerate the path to market for
multiple advanced nuclear reactor technologies.
Driven by the need for reliable carbon-free power, many
nations are considering nuclear energy for their futures.
According to an International Trade Commission Report, in 2016
the U.S. Department of Commerce estimated that the global
nuclear market may be worth up to $740 billion over 10 years.
Competitor nations will continue pursuing their own advanced
reactor concepts, making the export of nuclear technologies a
geostrategic national goal. Many companies in competitor
nations are state-owned enterprises. The governments of China
and Russia fully back their nationalized nuclear corporations
when opportunities for export arise in the global marketplace.
U.S.-based companies can compete globally if they lead the
world with the best technologies. S. 903 is intended to
position U.S. innovators to successfully develop, demonstrate,
and deploy their advanced reactor concepts and reestablish the
U.S. as the global nuclear leader.
Legislative History
S. 903 was introduced by Senator Murkowski, for herself and
Senators Booker, Alexander, Manchin, Risch, Whitehouse, Crapo,
Coons, Capito, Duckworth, Sullivan, Bennet, Graham, Portman,
and Gardner, on March 27, 2019. Senators Braun, Cardin, Cramer,
and Jones were added as cosponsors. The Senate Committee on
Energy and Natural Resources held a hearing on S. 903 on April
30, 2019.
Similar legislation, H.R. 3306, was introduced in the House
of Representatives by Representative Luria on June 18, 2019 and
referred to the Science, Space and Technology Committee; the
Energy and Commerce Committee; the Oversight and Reform
Committee; and the Armed Services Committee.
In the 115th Congress, Senator Murkowski, for herself and
Senators Booker, Risch, Crapo, Capito, Durbin, Whitehouse,
Manchin, and Coons, introduced nearly identical legislation, S.
3422, on September 6, 2018. Senators Bennet and Duckworth were
added as cosponsors. The Energy and Natural Resources Committee
conducted a hearing on S. 3422 on November 29, 2018.
Related legislation, H.R. 5260, was introduced in the House
of Representatives by Representative Higgins on May 22, 2018,
and referred to the Science, Space and Technology Committee.
H.R. 4378, related legislation, was introduced in the House of
Representatives by Representative Weber on November 13, 2017,
and was reported by the Science, Space and Technology Committee
on February 13, 2018 (H. Rept. 115-557). The House passed H.R.
4378 by voice vote on February 2, 2018, and the measure was
referred to the Committee on Energy and Natural Resources in
the Senate.
The Committee on Energy and Natural Resources met in open
business session on July 16, 2019, and ordered S. 903 favorably
reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 16, 2019, by a majority voice vote of
a quorum present, recommends that the Senate pass S. 903, if
amended as described herein. Senators Lee and Hirono asked to
be recorded as voting no.
Committee Amendment
During its consideration of S. 903, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment modifies section 640 of the Energy Policy Act of 2005
(EPAct 2005, Public Law 109-58), as added by section 3 of the
bill, to clarify that only a reactor that receives its first
license from the Nuclear Regulatory Commission after January 1,
2019, can qualify for the Commercial Nuclear power purchase
agreement (PPA) pilot program. It also adds the word
``nuclear'' before ``power purchase agreement'' in section
640(a) for further clarification.
The substitute amendment modifies the definition of
``Demonstration Project'' in section 959A of EPAct 2005, as
added by section 4 of the bill, to include the demonstration of
privately funded experimental advanced reactors on DOE land and
advanced reactors demonstrated by DOD in cooperation with DOE.
The substitute amendment modifies section 959A(c) to use
the phrase ``enter into agreements to complete'' instead of
``the Secretary of Energy shall demonstrate.''
The substitute amendment adds a new section
959A(c)(2)(C)(iii) specifying that the external review is not
required for reactors that are not Federally funded. The
amendment further modifies section 959A(c)(2)(D) to clarify
that cost-sharing provisions in section 988 of EPAct 2005 only
apply to Federally-funded demonstration projects.
The substitute amendment adds a new section 959A(c)(2)(G)
requiring that the Secretary of Energy seek to ensure
demonstrations projects will not slow existing advanced reactor
deployments underway at time of enactment.
The substitute amendment also adds a new finding to section
7 of the bill that nuclear fuel supply technology originating
in the United States is not required for use in civilian
advanced reactor applications, and modifies the fourth finding
in section 7 to clarify that no domestic uranium enrichment
capability ``is licensed'' for HALEU instead of ``exists.''
The substitute amendment adds a new subsection (b)(4)(B) to
section 960 of EPAct 2005, as added by section 6(b) of the
bill, requiring the Secretary to consider the impact of the
HALEU provision on DOE's requirements to support medical
isotope production.
The substitute amendment adds a new subsection (c)(2)(D) to
section 960 that adds medical isotope producers to the
stakeholder list for the required report on options to provide
HALEU for advanced reactor development.
The substitute amendment modifies the authorization of
appropriations in section 313 of the 2009 Energy and Water
Development and Related Agencies Appropriations Act (Public Law
111-8), as amended by section 8(b) of the bill, for the
University Nuclear Leadership Program. The modification
authorizes $45 million annually and is equally distributed
between the Secretary of Energy, the National Nuclear Security
Administration Administrator, and the Chairman of the Nuclear
Regulatory Commission.
Section-by-Section Analysis
Section 1. Short title
Section 1 sets forth the short title of the bill.
Sec. 2. Authorization of long-term power purchase agreements
Section 2 amends 40 U.S.C. 501(b)(1)(B) to extend the
maximum length of Federal power purchase agreements (PPAs) from
10 years to 40 years, and clarify that the contract costs for
any fiscal year (FY) under the provision may be paid from the
annual appropriations for that FY.
Sec. 3. Long-term nuclear power purchase agreement pilot program
Section 3 amends subtitle B of title VI of EPAct 2005 to
add a new ``Section 640. Long-Term Nuclear Power Purchase
Agreement Pilot Program.'' The new section 640 directs the
Secretary to establish a pilot program in which DOE will work
with other relevant agencies to identify and enter into at
least one federal PPA by December 31, 2023, from a new NRC-
licensed nuclear power facility for a period longer than 10
years. Special consideration will be given to, and above market
rates will be allowed for, first-of-a-kind or early deployment
nuclear technologies that can provide reliable and resilient
power to high-value assets for national security purposes or
other national interest purposes, especially in remote off-grid
scenarios or grid-connected scenarios that can provide
emergency islanding power capabilities.
Sec. 4. Advanced nuclear research and development goals
Section 4 amends subtitle E of title IX of EPAct 2005 to
add at the end a new ``Section 959A. Advanced Nuclear Reactor
Research and Development Goals.'' Subsection (a) of the new
section 959A defines key terms. Subsection (b) requires the
Secretary to advance the research and development of advanced
reactor technologies. Subsection (c) directs the Secretary to
enter into agreements to complete two or more advanced reactor
technologies by December 31, 2025, and an additional two to
five reactors by December 31, 2035; specifies requirements,
including design diversity, special considerations, cost-
effectiveness, and cost-share; and directs the Secretary to
conduct R&D with the private sector. Subsection (d) directs the
Secretary to establish goals for advanced nuclear reactor-
related research that support the program's objectives,
coordinate with private industry to advance design
demonstrations, and ensure that research activities and
programs meet certain requirements.
Sec. 5. Nuclear energy strategic plan
Section 5 amends subtitle E of title IX of EPAct 2005 to
add at the end a new ``Section 959B. Nuclear Energy Strategic
Plan.'' The new section 959B requires the Secretary to develop
a 10-year strategic plan for the Office of Nuclear Energy
within 180 days after enactment of the act. The plan, which is
to be provided to relevant Congressional committees, is
required to identify those programs that directly support the
goals developed under section 4, as well as those deemed
important to DOE's mission. It also requires anticipated
milestones for the success and sun-setting of current programs,
while identifying future programs leading to a coherent and
staged strategic plan. An update to the plan is required to be
submitted to relevant Congressional committees every two years.
Sec. 6. Versatile, reactor-based fast neutron source
Section 6 amends section 955(c)(1) of EPAct 2005 to direct
the Secretary to provide for a versatile, reactor-based fast
neutron source, which shall operate as a national user
facility.
Sec. 7. Advanced nuclear fuel security program
Section 7 sets forth Congressional findings and amends
subtitle E of title IX of EPAct 2005 to add at the end a new
``Section 960. Advanced Nuclear Fuel Security Program.''
Subsection (a) of the new section 960 defines key terms.
Subsection (b)(1) directs the Secretary to establish a program,
within one year of the date of enactment, to make available
HALEU, through contracts for sale, resale, transfer, or lease,
for use in commercial or noncommercial advanced nuclear
reactors. Subsection (b)(2) requires the Department to retain
ownership of the fuel and retain responsibility for disposing
of radioactive waste. Subsection (b)(3) prescribes minimum
quantities and date requirements for making HALEU available.
Subsection (b)(4) prescribes factors the Secretary should take
into consideration in carrying out the program under subsection
(b), including providing HALEU from the Department's stockpile
and requirements to support molybdenum-99 production.
Subsection (b)(5) prohibits the Secretary from bartering or
otherwise selling or transferring uranium in exchange for
services relating to the disposal of radioactive waste from
uranium leased under subsection (b). Subsection (b)(6)
terminates the program on the earlier of January 1, 2035, or
the date in which HALEU can be provided by the commercial
market. Subsection (c) requires a comprehensive report to be
provided to relevant Congressional committees within 180 days
of the enactment. Subsection (d) requires the Secretary to
conduct an R&D program for HALEU transportation.
Sec. 8. University nuclear leadership program
Section 8 sets forth Congressional findings and amends
Section 313 of the 2009 Energy and Water Development and
Related Agencies Appropriations Act (Public Law 111-8) to
authorize the University Nuclear Leadership Program, to be
administered jointly by the Secretary, the NNSA Administrator,
and the NRC Chairman. The new program replaces the Integrated
University Program which expires in 2019 and will provide
financial assistance through scholarships, fellowships, and R&D
projects at institutions of higher education in nuclear science
and engineering, and related technical fields. This section
authorizes $45 million annually for this program (the current
funding level), to be split equally among the Secretary, NNSA
Administrator, and the NRC.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 903. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 903, as ordered reported.
Congressionally Directed Spending
S. 903, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of Energy at the
November 29, 2018, hearing on S. 3422, a similar bill to S.
903, follows:
Testimony of Under Secretary of Energy Mark W. Menezes, U.S. Department
of Energy
Nuclear energy is clean, reliable, and safe, but the
nuclear power industry needs to continue to innovate.
Advanced reactors, including small modular reactors, hold
great promise as a clean, reliable, and secure power source for
our nation. The Department recognizes that advanced reactors
face challenges to ultimately achieving commercialization. In
addition to early-stage research and development the
Administration supports prioritized investments in nuclear
energy research infrastructure to enable private sector
innovation.
s. 3422 (murkowski-ak) nuclear energy leadership act
The Nuclear Energy Leadership Act would enhance nuclear
energy innovation, specifically related to advanced nuclear
reactor technologies by providing goals for DOE to further
accelerate the development of advanced reactor technologies,
developing a program for making available the fuel required by
these advanced reactors, and supporting the development of the
high-skilled workforce needed to develop, regulate, and
safeguard advanced reactors. This bill would also extend
federal power purchase agreements (PPAs) from 10 years to 40
years, and require DOE to enter into at least one PPA from a
commercial nuclear reactor by 2023.
DOE has reviewed this bill and has a few observations:
The requirement to enter into at least one
agreement to purchase power from a commercial nuclear
reactor is achievable at Idaho National Laboratory if
it is done through a phased agreement to include the
Idaho Power Company. However, potential conflicts with
state law may need to be addressed.
The bill would authorize the Secretary to
enter into one or more agreements to carry out no fewer
than four (4) advanced nuclear reactor demonstration
projects. This initiative would be dependent on the
availability of appropriations to attain its
objectives.
This bill would direct the Department to
construct a fast neutron-capable research facility.
This is consistent with the Department's current plans
to develop a Versatile Test Reactor.
DOE acknowledges the need for a strategic
plan and one is currently under development.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 903, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is presented in roman):
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * * * * *
CHAPTER 5--PROPERTY MANAGEMENT
* * * * * * *
Subchapter 1--Procurement and Warehousing
Sec. 501. Services for executive agencies.
(a) Authority of Administrator of General Services.--
(1) In general.--The Administrator of General
Services shall take action under this subchapter for an
executive agency--
(A) to the extent that the Administrator of
General Services determines that the action is
advantageous to the Federal Government in terms
of economy, efficiency, or service; and
(B) with due regard to the program activities
of the agency.
(2) Exemption for defense.--The Secretary of Defense
may exempt the Department of Defense from an action
taken by the Administrator of General Services under
this subchapter, unless the President directs
otherwise, whenever the Secretary determines that an
exemption is in the best interests of national
security.
(b) Procurement and Supply.--
(1) Functions.--
(A) In general.--The Administrator of General
Services shall procure and supply personal
property and nonpersonal services for executive
agencies to use in the proper discharge of
their responsibilities, and perform functions
related to procurement and supply including
contracting, inspection, storage, issue,
property identification and classification,
transportation and traffic management,
management of public utility services, and
repairing and converting.
[(B) Public utility contracts.--A contract
for public utility services may be made for a
period of not more than 10 years.]
(B) Public utility contracts.--
(i) Term.--
(I) In general.--A contract
under this paragraph to
purchase electricity from a
public utility may be for a
period of not more than 40
years.
(II) Other public utility
services.--A contract under
this paragraph for a public
utility service other than a
service described in subclause
(I) may be for a period of not
more than 10 years.
(ii) Costs.--The cost of a contract
under this paragraph for any fiscal
year may be paid from the
appropriations for that fiscal year..
* * * * * * *
THE ENERGY POLICY ACT OF 2005
Public Law 109-58
AN ACT To ensure jobs for our future with secure, affordable, and
reliable energy
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Policy Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
* * * * * * *
TITLE VI--NUCLEAR MATTERS
* * * * * * *
Subtitle B--General Nuclear Matters
* * * * * * *
Sec. 639. Conflicts of interest relating to contracts and other
arrangements.
Sec. 640. Long-term nuclear power purchase agreement pilot program.
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
* * * * * * *
Subtitle A--Energy Efficiency
* * * * * * *
Sec. 916. Energy Efficiency Science Initiative.
Sec. 917. Advanced Energy [Efficiency] Technology Transfer Centers.
* * * * * * *
Subtitle E--Nuclear Energy
* * * * * * *
Sec. 957. High-performance computation and supportive research.
Sec. 958. Enabling nuclear energy innovation.
Sec. 959. Budget plan.
Sec. 959A. Advanced nuclear reactor research and development goals.
Sec. 959B. Nuclear energy strategic plan.
Sec. 960. Advanced nuclear fuel security program.
* * * * * * *
TITLE VI--NUCLEAR MATTERS
* * * * * * *
Subtitle B--General Nuclear Matters
* * * * * * *
SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot
program for a long-term nuclear power purchase agreement.
(b) Requirements.--In developing the pilot program under
this section, the Secretary shall--
(1) consult and coordinate with the heads of other
Federal departments and agencies that may benefit from
purchasing nuclear power for a period of longer than 10
years, including--
(A) the Secretary of Defense; and
(B) the Secretary of Homeland Security; and
(2) not later than December 31, 2023, enter into at
least 1 agreement to purchase power from a commercial
nuclear reactor that receives the first license for
that reactor from the Nuclear Regulatory Commission
after January 1, 2019.
(c) Factors for Consideration.--
(1) In general.--In carrying out this section, the
Secretary shall give special consideration to power
purchase agreements for first-of-a-kind or early
deployment nuclear technologies that can provide
reliable and resilient power to high-value assets for
national security purposes or other purposes as the
Secretary determines to be in the national interest,
especially in remote off-grid scenarios or grid-
connected scenarios that can provide capabilities
commonly known as `islanding power capabilities' during
an emergency scenario.
(2) Effect on rates.--An agreement to purchase power
under this section may be at a rate that is higher than
the average market rate, if the agreement fulfills an
applicable consideration described in paragraph (1).
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
* * * * * * *
Subtitle E--Nuclear Energy
* * * * * * *
SEC. 955. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND
FACILITIES.
* * * * * * *
(c) Versatile Neutron Source.--
(1) [Mission need] Authorization.--(A) In general.--
Not later than December 31, 2017, the Secretary shall
provide [determine the mission need] for a versatile
reactor-based fast neutron source, which shall operate
as a national user facility.
* * * * * * *
* * * * * * *
SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term `advanced
nuclear reactor' means--
(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2
and 52.1 of title 10, Code of Federal
Regulations (or successor regulations)), with
significant improvements compared to the most
recent generation of fission reactors,
including improvements such as--
(i) additional inherent safety
features;
(ii) lower waste yields;
(iii) improved fuel performance;
(iv) increased tolerance to loss of
fuel cooling;
(v) enhanced reliability;
(vi) increased proliferation
resistance;
(vii) increased thermal efficiency;
(viii) reduced consumption of cooling
water;
(ix) the ability to integrate into
electric applications and nonelectric
applications;
(x) modular sizes to allow for
deployment that corresponds with the
demand for electricity; or
(xi) operational flexibility to
respond to changes in demand for
electricity and to complement
integration with intermittent renewable
energy; and
(B) a fusion reactor.
(2) Demonstration project.--The term ``demonstration
project'' means--
(A) an advanced nuclear reactor operated--
(i) as part of the power generation
facilities of an electric utility
system; or
(ii) in any other manner for the
purpose of demonstrating the
suitability for commercial application
of the advanced nuclear reactor;
(B) the demonstration of privately funded
experimental advanced nuclear reactors, funded
in whole or in part by the private sector, at
National Laboratories or other sites owned by
the Department of Energy; and
(C) an advanced nuclear reactor demonstrated
by the Secretary of Defense in cooperation with
the Secretary of Energy.
(b) Purpose.--The purpose of this section is to direct the
Secretary, as soon as practicable after the date of enactment
of this section, to advance the research and development of
domestic advanced, affordable, and clean nuclear energy by--
(1) demonstrating different advanced nuclear reactor
technologies that could be used by the private sector
to produce--
(A) emission-free power at a levelized cost
of electricity of $60 per megawatt-hour or
less;
(B) heat for community heating, industrial
purposes, or synthetic fuel production;
(C) remote or off-grid energy supply; or
(D) backup or mission-critical power
supplies;
(2) developing subgoals for nuclear energy research
programs that would accomplish the goals of the
demonstration projects carried out under subsection
(c);
(3) identifying research areas that the private
sector is unable or unwilling to undertake due to the
cost of, or risks associated with, the research; and
(4) facilitating the access of the private sector--
(A) to Federal research facilities and
personnel; and
(B) to the results of research relating to
civil nuclear technology funded by the Federal
Government.
(c) Demonstration Projects.--
(1) In general.--The Secretary shall, to the maximum
extent practicable--
(A) enter into agreements to complete not
fewer than 2 demonstration projects by not
later than December 31, 2025; and
(B) establish a program to enter into
agreements to demonstrate not fewer than 2, and
not more than 5, additional operational
advanced reactor designs by not later than
December 31, 2035.
(2) Requirements.--In carrying out demonstration
projects under paragraph (1), the Secretary shall--
(A) include diversity in designs for the
advanced nuclear reactors demonstrated under
this section, including designs using various--
(i) primary coolants;
(ii) fuel types and compositions; and
(iii) neutron spectra;
(B) seek to ensure that--
(i) the long-term cost of electricity
or heat for each design to be
demonstrated under this subsection is
cost-competitive in the applicable
market;
(ii) the selected projects can meet
the deadline established in paragraph
(1) to demonstrate first-of-a-kind
advanced nuclear reactor technologies,
for which additional information shall
be considered, including--
(I) the technology readiness
level of a proposed advanced
nuclear reactor technology;
(II) the technical abilities
and qualifications of teams
desiring to demonstrate a
proposed advanced nuclear
reactor technology; and
(III) the capacity to meet
cost-share requirements of the
Department;
(C) ensure that each evaluation of candidate
technologies for the demonstration projects is
completed through an external review of
proposed designs, which review shall--
(i) be conducted by a panel that
includes not fewer than 1
representative of each of--
(I) an electric utility; and
(II) an entity that uses
high-temperature process heat
for manufacturing or industrial
processing, such as a
petrochemical company, a
manufacturer of metals, or a
manufacturer of concrete;
(ii) include a review of cost-
competitiveness and other value
streams, together with the technology
readiness level, of each design to be
demonstrated under this subsection; and
(iii) not be required for a
demonstration project that is not
federally funded;
(D) for federally funded demonstration
projects, enter into cost-sharing agreements
with private sector partners in accordance with
section 988 for the conduct of activities
relating to the research, development, and
demonstration of private-sector advanced
nuclear reactor designs under the program;
(E) work with private sector partners to
identify potential sites, including Department-
owned sites, for demonstrations, as
appropriate;
(F) align specific activities carried out
under demonstration projects carried out under
this subsection with priorities identified
through direct consultations between
(i) the Department;
(ii) National Laboratories;
(iii) institutions of higher
education;
(iv) traditional end-users (such as
electric utilities);
(v) potential end-users of new
technologies (such as users of high-
temperature process heat for
manufacturing processing, including
petrochemical companies, manufacturers
of metals, or manufacturers of
concrete); and
(vi) developers of advanced nuclear
reactor technology; and
(G) seek to ensure that the demonstration
projects carried out under paragraph (1) do not
cause any delay in a deployment of an advanced
reactor by private industry and the Department
of Energy that is underway as of the date of
enactment of this section.
(3) Additional requirements.--In carrying out
demonstration projects under paragraph (1), the
Secretary shall--
(A) identify candidate technologies that--
(i) are not developed sufficiently
for demonstration within the initial
required timeframe described in
paragraph (1)(A); but
(ii) could be demonstrated within the
timeframe described in paragraph
(1)(B);
(B) identify technical challenges to the
candidate technologies identified in
subparagraph (A);
(C) support near-term research and
development to address the highest-risk
technical challenges to the successful
demonstration of a selected advanced reactor
technology, in accordance with--
(i) subparagraph (B); and
(ii) the research and development
activities under section 958;
(D) establish such technology advisory
working groups as the Secretary determines to
be appropriate to advise the Secretary
regarding the technical challenges identified
under subparagraph (B) and the scope of
research and development programs to address
the challenges, in accordance with subparagraph
(C), to be comprised of--
(i) private-sector advanced nuclear
reactor technology developers;
(ii) technical experts with respect
to the relevant technologies at
institutions of higher education; and
(iii) technical experts at the
National Laboratories.
(d) Goals.--
(1) In general.--The Secretary shall establish goals
for research relating to advanced nuclear reactors
facilitated by the Department that support the
objectives of the program for demonstration projects
established under subsection (c).
(2) Coordination.--In developing the goals under
paragraph (1), the Secretary shall coordinate, on an
ongoing basis, with members of private industry to
advance the demonstration of various designs of
advanced nuclear reactors.
(3) Requirements.--In developing the goals under
paragraph (1), the Secretary shall ensure that--
(A) research activities facilitated by the
Department to meet the goals developed under
this subsection are focused on key areas of
nuclear research and deployment ranging from
basic science to full-design development,
safety evaluation, and licensing;
(B) research programs designed to meet the
goals emphasize--
(i) resolving materials challenges
relating to extreme environments,
including extremely high levels of--
(I) radiation fluence;
(II) temperature;
(III) pressure; and
(IV) corrosion; and
(ii) qualification of advanced fuels;
(C) activities are carried out that address
near-term challenges in modeling and simulation
to enable accelerated design and licensing;
(D) related technologies, such as
technologies to manage, reduce, or reuse
nuclear waste, are developed;
(E) nuclear research infrastructure is
maintained or constructed, such as--
(i) currently operational research
reactors at the National Laboratories
and institutions of higher education;
(ii) hot cell research facilities;
(iii) a versatile fast neutron
source; and
(iv) a molten salt testing facility;
(F) basic knowledge of non-light water
coolant physics and chemistry is improved;
(G) advanced sensors and control systems are
developed; and
(H) advanced manufacturing and advanced
construction techniques and materials are
investigated to reduce the cost of advanced
nuclear reactors.
SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committees on Energy and Commerce and Science, Space, and
Technology of the House of Representatives a 10-year strategic
plan for the Office of Nuclear Energy of the Department, in
accordance with this section.
(b) Requirements.--
(1) Components.--The strategic plan under this
section shall designate--
(A) programs that support the planned
accomplishment of--
(i) the goals established under
section 959A; and
(ii) the demonstration programs
identified under subsection (c) of that
section; and
(B) programs that--
(i) do not support the planned
accomplishment of demonstration
programs, or the goals, referred to in
subparagraph (A); but
(ii) are important to the mission of
the Office of Nuclear Energy, as
determined by the Secretary.
(2) Program planning.--In developing the strategic
plan under this section, the Secretary shall specify
expected timelines for, as applicable
(A) the accomplishment of relevant objectives
under current programs of the Department; or
(B) the commencement of new programs to
accomplish those objectives.
(c) Updates.--Not less frequently than once every 2 years,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committees on Energy
and Commerce and Science, Space, and Technology of the House of
Representatives an updated 10-year strategic plan in accordance
with subsection (b), which shall identify, and provide a
justification for, any major deviation from a previous
strategic plan submitted under this section.
SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
(a) Definitions.--In this section:
(1) HALEU transportation package.--The term `HALEU
transportation package' means a transportation package
that is suitable for transporting high-assay, low-
enriched uranium.
(2) High-assay, low-enriched uranium.--The term
`high-assay, low-enriched uranium' means uranium with
an assay greater than 5 weight percent, but less than
20 weight percent, of the uranium-235 isotope.
(3) High-enriched uranium.--The term `high-enriched
uranium' means uranium with an assay of 20 weight
percent or more of the uranium-235 isotope.
(b) High-Assay, Low-Enriched Uranium Program for Advanced
Reactors.--
(1) Establishment.--Not later than 1 year after the
date of enactment of this section, the Secretary shall
establish a program to make available high-assay, low-
enriched uranium, through contracts for sale, resale,
transfer, or lease, for use in commercial or
noncommercial advanced nuclear reactors.
(2) Nuclear Fuel Ownership.--Each lease under this
subsection shall include a provision establishing that
the nuclear fuel that is the subject of the lease shall
remain the property of the Department, including with
respect to responsibility for the final disposition of
all radioactive waste created by the irradiation,
processing, or purification of any leased uranium.
(3) Quantity.--In carrying out the program under this
subsection, the Secretary shall make available--
(A) by December 31, 2022, high-assay, low-
enriched uranium containing not less than 2
metric tons of the uranium-235 isotope; and
(B) by December 31, 2025, high-assay, low-
enriched uranium containing not less than 10
metric tons of the uranium-235 isotope (as
determined including the quantities of the
uranium-235 isotope made available before
December 31, 2022).
(4) Factors for consideration.--In carrying out the
program under this subsection, the Secretary shall take
into consideration--
(A) options for providing the high-assay,
low-enriched uranium under this subsection from
a stockpile of uranium owned by the Department
(including the National Nuclear Security
Administration), including--
(i) fuel that--
(I) directly meets the needs
of an end-user; but
(II) has been previously used
or fabricated for another
purpose;
(ii) fuel that can meet the needs of
an end-user after removing radioactive
or other contaminants that resulted
from a previous use or fabrication of
the fuel for research, development,
demonstration, or deployment activities
of the Department (including activities
of the National Nuclear Security
Administration); and
(iii) fuel from a high-enriched
uranium stockpile, which can be blended
with lower-assay uranium to become
high-assay, low-enriched uranium to
meet the needs of an end-user; and
(B) requirements to support molybdenum-99
production under the American Medical Isotopes
Production Act of 2012 (Public Law 112-239; 126
Stat. 2211).
(5) Limitation.--The Secretary shall not barter or
otherwise sell or transfer uranium in any form in
exchange for services relating to the final disposition
of radioactive waste from uranium that is the subject
of a lease under this subsection.
(6) Sunset.--The program under this subsection shall
terminate on the earlier of--
(A) January 1, 2035; and
(B) the date on which uranium enriched up to,
but not equal to, 20 weight percent can be
obtained in the commercial market from domestic
suppliers.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
submit to the appropriate committees of Congress a
report that describes actions proposed to be carried
out by the Secretary--
(A) under the program under subsection (b);
or
(B) otherwise to enable the commercial use of
high-assay, low-enriched uranium.
(2) Coordination and stakeholder input.--In
developing the report under this subsection, the
Secretary shall seek input from--
(A) the Nuclear Regulatory Commission;
(B) the National Laboratories;
(C) institutions of higher education;
(D) producers of medical isotopes;
(E) a diverse group of entities operating in
the nuclear energy industry; and
(F) a diverse group of technology developers.
(3) Cost and schedule estimates.--The report under
this subsection shall include estimated costs, budgets,
and timeframes for enabling the use of high-assay, low-
enriched uranium.
(4) Required evaluations.--The report under this
subsection shall evaluate--
(A) the costs and actions required to
establish and carry out the program under
subsection (b), including with respect to--
(i) proposed preliminary terms for
the sale, resale, transfer, and leasing
of high-assay, low-enriched uranium
(including guidelines defining the
roles and responsibilities between the
Department and the purchaser, transfer
recipient, or lessee); and
(ii) the potential to coordinate with
purchasers, transfer recipients, and
lessees regarding--
(I) fuel fabrication; and
(II) fuel transport;
(B) the potential sources and fuel forms
available to provide uranium for the program
under subsection (b);
(C) options to coordinate the program under
subsection (b) with the operation of the
versatile, reactor-based fast neutron source
under section 959A;
(D) the ability of the domestic uranium
market to provide materials for advanced
nuclear reactor fuel; and
(E) any associated legal, regulatory, and
policy issues that should be addressed to
enable--
(i) the program under subsection (b);
and
(ii) the establishment of a domestic
industry capable of providing high-
assay, low-enriched uranium for
commercial and noncommercial purposes,
including with respect to the needs
of--
(I) the Department;
(II) the Department of
Defense; and
(III) the National Nuclear
Security Administration.
(d) HALEU Transportation PackagE Research Program.--
(1) In general.--As soon as practicable after the
date of enactment of this section, the Secretary shall
establish a research, development, and demonstration
program under which the Secretary shall provide grants,
on a competitive basis, to establish the capability to
transport high-assay, low-enriched uranium.
(2) Requirement.--The focus of the program under this
subsection shall be to establish 1 or more HALEU
transportation packages that can be certified by the
Nuclear Regulatory Commission to transport high-assay,
low-enriched uranium to the various facilities involved
in producing or using nuclear fuel containing high-
assay, low-enriched uranium, such as--
(A) enrichment facilities;
(B) fuel processing facilities;
(C) fuel fabrication facilities; and
(D) nuclear reactors.
* * * * * * *
OMNIBUS APPROPRIATIONS ACT, 2009
Public Law 111-8
AN ACT Making omnibus appropriations for the fiscal year ending
September 30, 2009, and for other purposes
* * * * * * *
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2009
* * * * * * *
TITLE III--DEPARTMENT OF ENERGY
* * * * * * *
General Provisions--Department of Energy
* * * * * * *
[SEC. 313. INTEGRATED UNIVERSITY PROGRAM.
[(a) The Secretary of Energy, along with the Administrator
of the National Nuclear Security Administration and the
Chairman of the Nuclear Regulatory Commission, shall establish
an Integrated University Program.
[(b) For the purposes of carrying out this section,
$45,000,000 is authorized to be appropriated in each of fiscal
years 2009 to 2019 as follows:
[(1) $15,000,000 for the Department of Energy;
[(2) $15,000,000 for the Nuclear Regulatory Commission;
and
[(3) $15,000,000 for the National Nuclear Security
Administration.
[(c) Of the amounts authorized to carry out this
section, $10,000,000 shall be used by each organization
to support university research and development in areas
relevant to their respective organization's mission,
and $5,000,000 shall be used by each organization to
support a jointly implemented Nuclear Science and
Engineering Grant Program that will support multiyear
research projects that do not align with programmatic
missions but are critical to maintaining the discipline
of nuclear science and engineering.]
SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term `advanced
nuclear reactor' means--
(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2
and 52.1 of title 10, Code of Federal
Regulations (or successor regulations)), with
significant improvements compared to the most
recent generation of fission reactors,
including improvements such as--
(i) additional inherent safety
features;
(ii) lower waste yields;
(iii) improved fuel performance;
(iv) increased tolerance to loss of
fuel cooling;
(v) enhanced reliability;
(vi) increased proliferation
resistance;
(vii) increased thermal efficiency;
(viii) reduced consumption of cooling
water;
(ix) the ability to integrate into
electric applications and nonelectric
applications;
(x) modular sizes to allow for
deployment that corresponds with the
demand for electricity; or
(xi) operational flexibility to
respond to changes in demand for
electricity and to complement
integration with intermittent renewable
energy; and
(B) a fusion reactor.
(2) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)).
(3) Program.--The term `Program' means the University
Nuclear Leadership Program established under subsection
(b).
(b) Establishment.--The Secretary of Energy, the
Administrator of the National Nuclear Security Administration,
and the Chairman of the Nuclear Regulatory Commission shall
jointly establish a program, to be known as the `University
Nuclear Leadership Program'.
(c) Use of Funds.--
(1) In general.--Except as provided in paragraph (2),
amounts made available to carry out the Program shall
be used to provide financial assistance for
scholarships, fellowships, and research and development
projects at institutions of higher education in areas
relevant to the programmatic mission of the applicable
Federal agency providing the financial assistance with
respect to research, development, demonstration, and
deployment activities for technologies relevant to
advanced nuclear reactors, including relevant fuel
cycle technologies.
(2) Exception.--Notwithstanding paragraph (1),
amounts made available to carry out the Program may be
used to provide financial assistance for a scholarship,
fellowship, or multiyear research and development
project that does not align directly with a
programmatic mission of the applicable Federal agency
providing the financial assistance, if the activity for
which assistance is provided would facilitate the
maintenance of the discipline of nuclear science or
nuclear engineering.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the Program for fiscal year
2020 and each fiscal year thereafter--
(1) $30,000,000 to the Secretary of Energy, of which
$15,000,000 shall be for use by the Administrator of
the National Nuclear Security Administration; and
(2) $15,000,000 to the Nuclear Regulatory Commission.
* * * * * * *
[all]