42 U.S.C. § 2296b–6: Regulatory treatment of…

Summary

The Secretary must encourage States and utility regulators to consider the national need to avoid depending on foreign sources when they decide whether to let a power plant owner pass on to customers any higher cost for buying domestic uranium, enriched uranium, or enrichment services from a non‑affiliated seller than the cost of non‑domestic supplies. Within 1 year after October 24, 1992, and annually thereafter, the Secretary must report to Congress on progress. The report must describe programs started to encourage State action and any recommendations on further steps. The Secretary may not take any action that would violate multilateral trade agreements or the USMCA.

Title 42, §2296b–6

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

(a)Encouragement

The Secretary shall encourage States and utility regulatory authorities to take into consideration the achievement of the objectives and purposes of this part, including the national need to avoid dependence on imports, when considering whether to allow the owner or operator of any electric power plant to recover in its rates and charges to customers any cost of purchase of domestic uranium, enriched uranium, or enrichment services from a non-affiliated seller greater than the cost of non-domestic uranium, enriched uranium or enrichment services.

(b)Report

Within 1 year after October 24, 1992, and annually thereafter, the Secretary shall report to the Congress on the progress of the Secretary in encouraging actions by State regulatory authorities pursuant to subsection (a). Such report shall include detailed information on programs initiated by the Secretary to encourage appropriate State regulatory action and recommendations, if any, on further action that could be taken by the Secretary, other Federal agencies, or the Congress in order to further the purposes of this part.

(c)Savings provision

This section may not be construed to authorize the Secretary to take any action in violation of the multilateral trade agreements (as defined in section 3501(4) of title 19) or the USMCA (as defined in section 4502 of title 19).

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Amendments

2020—Subsec. (c). Pub. L. 116–113 substituted “USMCA (as defined in section 4502 of title 19)” for “North American Free Trade Agreement”. 1999—Subsec. (c). Pub. L. 106–36 substituted “multilateral trade agreements (as defined in section 3501(4) of title 19) or the North American Free Trade Agreement” for “General Agreement on Tariffs and Trade or the United States-Canada Free Trade Agreement”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 Amendment Pub. L. 116–113, title V, § 507(b), Jan. 29, 2020, 134 Stat. 78, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date on which the USMCA enters into force [July 1, 2020].”

§2296b–6 Regulatory Treatment of Uranium Purchases