§10198 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a program to test dry storage of spent nuclear fuel at civilian reactor sites. The Secretary must pick at least 1 and no more than 3 sites evaluated under section 10194 within 1 year after January 7, 1983. Preference goes to reactors that will soon run short of interim storage. The tests may use dry storage casks, caissons, or silos. The Secretary must also work with reactors to develop rod consolidation in their water pools. The Secretary must sign cooperative agreements with each utility. Each utility must pick the storage method, provide land and fuel, file and get the needed license, build and run the facility, and pay construction and operating costs. The Secretary will share some costs and give technical help, design support, and generic licensing documents. The Secretary may run R&D at Federal facilities owned on January 7, 1983 for up to 300 metric tons of fuel to collect data. Fuel from section 10155 receipts may be used and is not subject to section 10155(e). Federal money and use of Federal facilities cannot exceed 25 percent of the program’s total cost as estimated by the Secretary. The rest must come from the utilities or the Interim Storage Fund (section 10156). Use of Department-owned research or demo facilities also requires a written report to the House Science, Space, and Technology Committee and the Senate Energy and Natural Resources Committee and a 30-calendar-day wait (excluding days when either House is out because of adjournment of more than 3 days) unless those committees say in writing they have no objection.

Title 42, §10198

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

(a)The Secretary shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Not later than 1 year after January 7, 1983, the Secretary shall select at least 1, but not more than 3, sites evaluated under section 10194 of this title at such power reactors. In selecting such site or sites, the Secretary shall give preference to civilian nuclear power reactors that will soon have a shortage of interim storage capacity for spent nuclear fuel. Subject to reaching agreement as provided in subsection (b), the Secretary shall undertake activities to assist such power reactors with demonstration projects at such sites, which may use one of the following types of alternate storage technologies: spent nuclear fuel storage casks, caissons, or silos. The Secretary shall also undertake a cooperative program with civilian nuclear power reactors to encourage the development of the technology for spent nuclear fuel rod consolidation in existing power reactor water storage basins.

(b)To carry out the programs described in subsection (a), the Secretary shall enter into a cooperative agreement with each utility involved that specifies, at a minimum, that—

(1)such utility shall select the alternate storage technique to be used, make the land and spent nuclear fuel available for the dry storage demonstration, submit and provide site-specific documentation for a license application to the Commission, obtain a license relating to the facility involved, construct such facility, operate such facility after licensing, pay the costs required to construct such facility, and pay all costs associated with the operation and maintenance of such facility;

(2)the Secretary shall provide, on a cost-sharing basis, consultative and technical assistance, including design support and generic licensing documentation, to assist such utility in obtaining the construction authorization and appropriate license from the Commission; and

(3)the Secretary shall provide generic research and development of alternative spent nuclear fuel storage techniques to enhance utility-provided, at-reactor storage capabilities, if authorized in any other provision of this chapter or in any other provision of law.

(c)(1)The consultative and technical assistance referred to in subsection (b)(2) may include, but shall not be limited to, the establishment of a research and development program for the dry storage of not more than 300 metric tons of spent nuclear fuel at facilities owned by the Federal Government on January 7, 1983. The purpose of such program shall be to collect necessary data to assist the utilities involved in the licensing process.

(2)To the extent available, and consistent with the provisions of section 10155 of this title, the Secretary shall provide spent nuclear fuel for the research and development program authorized in this subsection from spent nuclear fuel received by the Secretary for storage under section 10155 of this title. Such spent nuclear fuel shall not be subject to the provisions of section 10155(e) of this title.

(d)The total contribution from the Secretary from Federal funds and the use of Federal facilities or services shall not exceed 25 percent of the total costs of the demonstration program authorized in subsection (a), as estimated by the Secretary. All remaining costs of such program shall be paid by the utilities involved or shall be provided by the Secretary from the Interim Storage Fund established in section 10156 of this title.

(e)The spent nuclear fuel storage program authorized in section 10155 of this title shall not be construed to authorize the use of research development or demonstration facilities owned by the Department unless—

(1)a period of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) has passed after the Secretary has transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a written report containing a full and complete statement concerning (A) the facility involved; (B) any necessary modifications; (C) the cost thereof; and (D) the impact on the authorized research and development program; or

(2)each such committee, before the expiration of such period, has transmitted to the Secretary a written notice to the effect that such committee has no objection to the proposed use of such facility.

Editorial Notes

Amendments

1994—Subsec. (e)(1). Pub. L. 103–437 substituted “Committee on Science, Space, and Technology” for “Committee on Science and Technology”.

§10198 Research and Development on Spent Nuclear Fuel

Summary

Title 42, §10198

Notes & Related Subsidiaries

Editorial Notes

Amendments

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