Title 42The Public Health and WelfareRelease 119-73

§13524 Costs related to decommissioning and storage and disposal of nuclear waste

Title 42 › Chapter CHAPTER 134— - ENERGY POLICY › Subchapter SUBCHAPTER XI— - POLICY AND ADMINISTRATIVE PROVISIONS › § 13524

Last updated Apr 6, 2026|Official source

Summary

The Secretary must ignore costs for cleaning up nuclear plants and for storing or getting rid of nuclear waste when comparing bids for nuclear hot cell services, if at least one bidder is a U.S. company that has to pay those costs and at least one bidder is a foreign company that does not have similar costs. If the contract winner hires subcontractors for those services, the winner must use the same rule when choosing among subcontractor bids. The Secretary must write rules to carry this out within 90 days after October 24, 1992. Definitions in simple terms: costs for decommissioning = money needed to meet Nuclear Regulatory Commission rules to shut down nuclear sites; costs for storage and disposal = money for storing or disposing of radioactive waste, whether required by rule or as good business practice; nuclear hot cell services = work that inspects or handles very radioactive fuel rods or parts; nuclear waste = radioactive material regulated by the Nuclear Regulatory Commission or the Department of Energy.

Full Legal Text

Title 42, §13524

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)In awarding contracts to perform nuclear hot cell services, the Secretary, in evaluating bids for such contracts, shall exclude from consideration costs related to the decommissioning of nuclear facilities or the storage and disposal of nuclear waste, if—
(A)one or more of the parties bidding to perform such services is a United States company that is subject to such costs; and
(B)one or more of the parties bidding to perform such services is a foreign company that is not subject to comparable costs.
(2)Any person awarded a contract subject to the restrictions described in paragraph (1) who subcontracts with a person to perform the services described in such paragraph shall be subject to the same restrictions in evaluating bids among potential subcontractors, as the Secretary was subject to in evaluating bids among prime contractors.
(b)The Secretary shall issue regulations not later than 90 days after October 24, 1992, to carry out the requirements of subsection (a).
(c)As used in this section—
(1)the term “costs related to decommissioning of nuclear facilities” means any cost associated with the compliance with regulatory requirements governing the decommissioning of nuclear facilities licensed by the Nuclear Regulatory Commission;
(2)the term “costs related to storage and disposal of nuclear waste” means any costs, whether required by regulation or incurred as a matter of prudent business practice, associated with the storage or disposal of nuclear waste;
(3)the term “nuclear hot cell services” means services related to the examination of, or performance of various operations on, nuclear fuel rods, control assemblies, or other components that are emitting large quantities of ionizing radiation; and
(4)the term “nuclear waste” means any radioactive waste material subject to regulation by the Nuclear Regulatory Commission or the Department of Energy.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13524

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73