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[Congressional Bills 115th Congress] [From the U.S.
[115th Congress Public Law 439] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 132 STAT.
512 Engrossed in Senate (ES)] <DOC> 115th CONGRESS 2d Session S.
5565]] Public Law 115-439 115th Congress An Act To modernize the regulation of nuclear energy.
512 _______________________________________________________________________ AN ACT To modernize the regulation of nuclear energy.
<<NOTE:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Jan.
SHORT TITLE;
14, - [S.
512]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Nuclear Energy Innovation and Modernization Act.>> SECTION 1.
<<NOTE:
42 USC 2011 note.>> SHORT TITLE;
PURPOSE.
<<NOTE:
42 USC 2215 note.>> PURPOSE.
DEFINITIONS.
<<NOTE:
42 USC 2215 note.>> DEFINITIONS.
(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 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;
(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 [[Page 132 STAT.
5566]] 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;
(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;
[[Page 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;
and (ii) is useful in the conduct of research and development activities as licensed under section 104 c.
and (ii) is useful in the conduct of research and development activities as licensed under section c.
(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.
(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.
``(v) amounts appropriated to the Commission for the fiscal year for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, including activities required under section 103 of the Nuclear Energy Innovation and Modernization Act.''.
``(v) amounts appropriated to the Commission for the fiscal year for activities related to the development of regulatory infrastructure for advanced nuclear [[Page 132 STAT.
(b) Repeal.--Effective October 1, 2020, section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C.
5568]] reactor technologies, including activities required under section 103 of the Nuclear Energy Innovation and Modernization Act.''.
(b) Repeal <<NOTE:
42 USC 2214 note.>> .--Effective October 1, 2020, section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C.
NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES FOR FISCAL YEAR 2021 AND EACH FISCAL YEAR THEREAFTER.
<<NOTE:
42 USC 2215.>> NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES FOR FISCAL YEAR 2021 AND EACH FISCAL YEAR THEREAFTER.
(III) for the homeland security activities of the Commission (other than for the costs of fingerprinting and background checks required under section 149 of the Atomic Energy Act of (42 U.S.C.
(III) for the homeland security activities of the Commission (other than for the costs of [[Page 132 STAT.
5569]] fingerprinting and background checks required under section 149 of the Atomic Energy Act of 1954 (42 U.S.C.
(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.
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 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.
(ii) Waiver <<NOTE:
(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.
Time period.
Determination.>> .--The Commission may waive, for a period of 1 year, the cap on annual charges described [[Page 132 STAT.
5570]] 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 <<NOTE:
Regulations.>> .--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.
(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;
(c) <<NOTE:
Deadlines.>> 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;
(3) Delays in issuance of final safety evaluation exceeding 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.
[[Page 132 STAT.
5571]] (3) Delays in issuance of final safety evaluation exceeding 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.
(2) develop and implement processes to audit invoices to ensure accuracy, transparency, and fairness;
(2) <<NOTE:
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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.
Audits.>> develop and implement processes to audit invoices to ensure accuracy, transparency, and fairness;
(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.
and (3) <<NOTE:
Regulations.>> 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) <<NOTE:
Recommenda- tions.>> 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.
(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;
(a) <<NOTE:
and (B) developing procedures and processes for-- (i) using a licensing project plan;
Deadlines.
Strategies.
42 USC 2133 note.>> 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) <<NOTE:
Procedures.>> developing procedures and processes for-- (i) using a licensing project plan;
(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:
(2) Risk-informed licensing <<NOTE:
Guidance.>> .--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:
(B) The issues described in SECY-93-092 and SECY- 15-077, including-- (i) licensing basis event selection and evaluation;
(B) The issues described in SECY-93-092 and SECY-15- 077, including-- (i) licensing basis event selection and evaluation;
and (iv) emergency preparedness.
and [[Page 132 STAT.
(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.
5572]] (iv) emergency preparedness.
(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.
(3) <<NOTE:
Guidance.>> 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) <<NOTE:
Regulations.>> 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.
(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;
[[Page 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 (E) the extent to which Commission action or modification of policy is needed to implement any part of the report.
and [[Page 132 STAT.
(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'').
5574]] (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'').
(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.
[[Page 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.
(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;
[[Page 132 STAT.
5576]] (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;
(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.
(a) Revisions to Guidance <<NOTE:
Deadline.
Publication.>> .--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.
and (B) what levels of self-evacuation should be expected during the disaster, including outside the 10- mile evacuation zone.
and [[Page 132 STAT.
5577]] (B) what levels of self-evacuation should be expected during the disaster, including outside the 10- mile evacuation zone.
ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST REACTORS.
<<NOTE:
42 USC 2134 note.>> ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST REACTORS.
and (2) by adding at the end the following:
and (2) <<NOTE:
``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 percent may be through sales of energy.''.
Licensing.>> 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.''.
(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 from any such board in existence before the date of enactment of this Act.
(a) Best Practices Report <<NOTE:
Public information.>> .--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 [[Page 132 STAT.
5578]] from any such board in existence before the date of enactment of this Act.
(4) Written summary.--The report under subsection (a) shall include a written summary of the public meetings conducted under paragraph (1).
[[Page 132 STAT.
5579]] (4) Written summary.--The report under subsection (a) shall include a written summary of the public meetings conducted under paragraph (1).
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.:
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.:
and (2) recommendations to improve efficiency and transparency of uranium recovery license issuance and amendment reviews.
and (2) <<NOTE:
Recommenda- tions.>> recommendations to improve efficiency and transparency of uranium recovery license issuance and amendment reviews.
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;
<<NOTE:
and (2) provide to the appropriate congressional committees a report describing the results of the pilot initiative under paragraph (1).
Deadline.>> 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;
Passed the Senate December 20, 2018.
and (2) <<NOTE:
Attest:
Report.>> provide to the appropriate congressional committees a report describing the results of the pilot initiative under paragraph (1).
Secretary.
Approved January 14, 2019.
115th CONGRESS 2d Session S.
LEGISLATIVE HISTORY--S.
512 _______________________________________________________________________ AN ACT To modernize the regulation of nuclear energy.
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.
<all>
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