10 U.S.C. § 6153: Disposition of weapons-usable…

Summary

Requires the Secretary of Energy to send Congress a plan by February 1, 2003 for building and running a mixed-oxide (MOX) fuel plant at the Savannah River Site in Aiken, South Carolina. The plan must show a schedule to meet the MOX production goal by January 1, 2012 and to make 1 metric ton of MOX fuel by December 31, 2012, and to turn 34 metric tons of weapons‑usable plutonium into MOX fuel by January 1, 2019. The Secretary must send Congress an annual report by February 15 each year from 2004 through 2024 about how the plan is going. Early reports (before 2010) must say if schedules are being met and if the 2012 goal is possible. Reports after 2014 must say whether the goal was met and progress on related U.S. obligations. Reports after 2019 must include steps to meet the goal or to remove the remaining plutonium from South Carolina. If the project falls 12 months or more behind schedule, the Secretary must send Congress a corrective plan by August 15 of that year with milestones. If the Secretary finds a big risk the 2012 goal will not be met, transfers of plutonium to the site must stop until the risk is fixed and the Secretary certifies the goal can be met. If the goal is not met by January 1, 2014, the Secretary must, under other laws, remove at least 1 metric ton by January 1, 2016 and by January 1, 2022 remove the amount that was sent to the site between April 15, 2002 and January 1, 2022 but not processed. If the goal is missed, South Carolina may get economic help: $1,000,000 per day (up to $100,000,000 per year) in certain years until either the goal is met or required removals happen. If less than 34 metric tons are processed by October 1, 2026, the Secretary must send a plan by December 1, 2026 (and every two years after) to finish processing 34 tons or to remove the unprocessed amount. If MOX operations end and fuel still remains after one year, the Secretary must report when it will go to reactors or how it will be removed. Also required: a baseline report by December 31, 2006 to set schedules. Definitions: MOX production objective — average production of at least 1 metric ton of MOX fuel per year once the plant is officially operational; MOX facility — the mixed‑oxide fuel plant at the Savannah River Site; defense plutonium/defense plutonium materials — weapons‑usable plutonium.

Title 10, §6153

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(a)Plan for Construction and Operation of MOX Facility.—

(1)Not later than February 1, 2003, the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility at the Savannah River Site, Aiken, South Carolina.

(2)The plan under paragraph (1) shall include—

(A)a schedule for construction and operations so as to achieve, as of January 1, 2012, and thereafter, the MOX production objective, and to produce 1 metric ton of mixed-oxide fuel by December 31, 2012; and

(B)a schedule of operations of the MOX facility designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed-oxide fuel by January 1, 2019.

(3)(A)Not later than February 15 each year, beginning in 2004 and continuing through 2024, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1).

(B)Each report under subparagraph (A) for years before 2010 shall include—

(i)an assessment of compliance with the schedules included with the plan under paragraph (2); and

(ii)a certification by the Secretary whether or not the MOX production objective can be met by January 2012.

(C)Each report under subparagraph (A) for years after 2014 shall—

(i)address whether the MOX production objective has been met; and

(ii)assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement.

(D)Each report under subparagraph (A) for years after 2019 shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following:

(i)Compliance with such objective.

(ii)Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina.

(b)Corrective Actions.—

(1)If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (g) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective.

(2)If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met.

(3)Any plan for corrective actions under paragraph (1) or (2) shall include established milestones under such plan for achieving compliance with the MOX production objective.

(4)If, before January 1, 2012, the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2012 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2012.

(5)If, after January 1, 2014, the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met.

(6)(A)Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the State of South Carolina after April 15, 2002.

(B)Each report under subparagraph (A) shall include an analysis of each option set forth in the report, including the cost and schedule for implementation of such option, and any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to consideration or selection of such option.

(C)Upon submittal of a report under subparagraph (A), the Secretary shall commence any analysis that may be required under the National Environmental Policy Act of 1969 in order to select among the options set forth in the report.

(c)Contingent Requirement for Removal of Plutonium and Materials From Savannah River Site.—

If the MOX production objective is not achieved as of January 1, 2014, the Secretary shall, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws, remove from the State of South Carolina, for storage or disposal elsewhere—

(1)not later than January 1, 2016, not less than 1 metric ton of defense plutonium or defense plutonium materials; and

(2)not later than January 1, 2022, an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2022, but not processed by the MOX facility.

(d)Economic and Impact Assistance.—

(1)If the MOX production objective is not achieved as of January 1, 2016, the Secretary shall, subject to the availability of appropriations, pay to the State of South Carolina each year beginning on or after that date through 2021 for economic and impact assistance an amount equal to $1,000,000 per day, not to exceed $100,000,000 per year, until the later of—

(A)the date on which the MOX production objective is achieved in such year; or

(B)the date on which the Secretary has removed from the State of South Carolina in such year at least 1 metric ton of defense plutonium or defense plutonium materials.

(2)(A)If, as of January 1, 2022, the MOX facility has not processed mixed-oxide fuel from defense plutonium and defense plutonium materials in the amount of not less than—

(i)one metric ton, in each of any two consecutive calendar years; and

(ii)three metric tons total,

the Secretary shall, from funds available to the Secretary, pay to the State of South Carolina for economic and impact assistance an amount equal to $1,000,000 per day, not to exceed $100,000,000 per year, until the removal by the Secretary from the State of South Carolina of an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2022, but not processed by the MOX facility.

(B)Nothing in this paragraph may be construed to terminate, supersede, or otherwise affect any other requirements of this section.

(3)If the State of South Carolina obtains an injunction that prohibits the Department of Energy from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect.

(e)Failure to Complete Planned Disposition Program.—

If less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility by October 1, 2026, the Secretary shall, not later than December 1, 2026, and on a biennial basis thereafter, submit to Congress a plan for— (1)

(2)removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility.

(f)Removal of Mixed-oxide Fuel Upon Completion of Operations of MOX Facility.—

If, one year after the date on which operation of the MOX facility permanently ceases, any mixed-oxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress—

(1)a report on when such fuel will be transferred for use in commercial nuclear reactors; or

(2)a plan for removing such fuel from the State of South Carolina.

(g)Baseline.—

Not later than December 31, 2006, the Secretary shall submit to Congress a report on the construction and operation of the MOX facility that includes a schedule for revising the requirements of this section during fiscal year 2007 to conform with the schedule established by the Secretary for the MOX facility, which shall be based on estimated funding levels for the fiscal year.

(h)Definitions.—

In this section: (1)

(2)The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.

(3)The terms “defense plutonium” and “defense plutonium materials” mean weapons-usable plutonium.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (b)(6)(B), (C) and (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

Prior Provisions

A prior section 6153 was enumbered section 8264 of this title. Provisions similar to those in this section were contained in section 2566 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (h). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (3) headings which corresponded to the defined term in each par.

§6153 Disposition of Weapons-usable Plutonium at Savannah River Site