§2566 — Title 50 War and National Defense | U.S. Code

Summary

Require the Energy Secretary to send Congress by February 1, 2003 a plan to build and run 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 objective by January 1, 2012 and to make 1 metric ton of MOX fuel by December 31, 2012. It must also show a schedule so 34 metric tons of defense plutonium will be processed into MOX fuel by January 1, 2019. The Secretary must send Congress a report every year by February 15 from 2004 through 2024. Reports before 2010 must say if the schedules are being met and certify whether the January 1, 2012 objective can be met. Reports after 2014 must say whether the objective has been met and report on related international obligations. Reports after 2019 must also say if the objective is met and, if not, give a plan to either meet it or remove the remaining weapons plutonium from South Carolina. If a yearly report shows the project is 12 months or more behind, the Secretary must send Congress by August 15 that year a corrective plan with milestones. If milestones fail before January 1, 2012, or after January 1, 2014, the Secretary must stop sending more defense plutonium to the plant until the risk is fixed and the Secretary certifies the objective can be met. If that stop happens, the Secretary must report options to remove from South Carolina any plutonium sent there after April 15, 2002, with cost, schedule, and any National Environmental Policy Act (NEPA) requirements, and begin the needed NEPA work. If the production objective is not met by January 1, 2014, the Secretary must remove at least 1 metric ton by January 1, 2016 and, by January 1, 2022, remove an amount equal to what was sent to the site between April 15, 2002 and January 1, 2022 that was not processed. If the objective is not met by January 1, 2016, the Secretary must, if money is available, pay South Carolina $1,000,000 per day (up to $100,000,000 per year) each year from 2016 through 2021 until the objective is met that year or at least 1 metric ton is removed that year. If less than 34 metric tons have been processed by October 1, 2026, the Secretary must, by December 1, 2026 and every two years after, send Congress a plan to finish processing 34 metric tons or to remove from South Carolina the amount sent there after April 15, 2002 but not processed. One year after the MOX facility permanently stops, if any MOX fuel still sits at the site the Secretary must tell Congress when it will be sent to reactors or give a plan to remove it. The MOX production objective means making mixed-oxide fuel at an average rate of at least one metric ton per year, measured from the date the plant is declared operational to the Nuclear Regulatory Commission. "MOX facility" means the mixed-oxide fuel plant at the Savannah River Site. "Defense plutonium" and "defense plutonium materials" mean weapons-usable plutonium.

Title 50, §2566

War and National Defense — Source: USLM XML via OLRC

(a)(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)(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)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)(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,

(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)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)completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or

(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)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)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)In this section:

(1)The term “MOX production objective” means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment.

(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.

Amendments

2024—Subsec. (a)(3)(A). Pub. L. 118–159, § 3121(a), substituted “through 2024” for “for as long as the MOX facility is in use”. Subsec. (e). Pub. L. 118–159, § 3121(b), in introductory provisions, substituted “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—” for “If on July 1 each year beginning in 2025 and continuing for as long as the MOX facility is in use, less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility, the Secretary shall submit to Congress a plan for—”. 2014—Subsec. (b)(6)(C). Pub. L. 113–291, § 3142(f)(1), substituted “subparagraph (A)” for “paragraph (A)”. Subsec. (c)(2). Pub. L. 113–291, § 3142(f)(2), substituted “2002,” for “2002”. Subsec. (d)(3). Pub. L. 113–291, § 3142(f)(3), which directed amendment of par. (3) by inserting “of Energy” after “Department”, was executed by making the insertion after “Department” the first place appearing to reflect the probable intent of Congress. 2013—Subsec. (a)(3)(C). Pub. L. 112–239, § 3116(1)(A), substituted “2014” for “2012” in introductory provisions. Subsec. (a)(3)(D). Pub. L. 112–239, § 3116(1)(B), substituted “2019” for “2017” in introductory provisions. Subsec. (b)(1). Pub. L. 112–239, § 3116(2)(A), struck out “by

January 1, 2012” before period at end. Subsec. (b)(5). Pub. L. 112–239, § 3116(2)(B), substituted “2014” for “2012”. Subsec. (c). Pub. L. 112–239, § 3116(3)(A), substituted “2014” for “2012” in introductory provisions. Subsec. (c)(1). Pub. L. 112–239, § 3116(3)(B), substituted “2016” for “2014”. Subsec. (c)(2). Pub. L. 112–239, § 3116(3)(C), substituted “2022” for “2020” in two places. Subsec. (d)(1). Pub. L. 112–239, § 3116(4)(A), substituted “2016” for “2014” and “2021” for “2019” in introductory provisions. Subsec. (d)(2)(A). Pub. L. 112–239, § 3116(4)(B), substituted “2022” for “2020” in two places. Subsec. (e). Pub. L. 112–239, § 3116(5), substituted “2025” for “2023” in introductory provisions. 2005—Subsec. (a)(2)(A). Pub. L. 109–103, § 313(1)(A), substituted “2012” for “2009” in two places. Subsec. (a)(3)(B)(ii). Pub. L. 109–103, § 313(1)(B)(i), substituted “2012” for “2009”. Subsec. (a)(3)(C). Pub. L. 109–103, § 313(1)(B)(ii), substituted “2012” for “2009” in introductory provisions. Subsec. (b)(1). Pub. L. 109–103, § 313(2)(A), substituted “(g)” for “(a)(2)” and “2012” for “2009”. Subsec. (b)(4). Pub. L. 109–103, § 313(2)(B), substituted “2012” for “2009” wherever appearing. Subsec. (b)(5). Pub. L. 109–103, § 313(2)(C), substituted “2012” for “2009”. Subsec. (c). Pub. L. 109–103, § 313(3)(A), substituted “2012” for “2009” in introductory provisions. Subsec. (c)(1). Pub. L. 109–103, § 313(3)(B), substituted “2014” for “2011”. Subsec. (c)(2). Pub. L. 109–103, § 313(3)(C), substituted “2020” for “2017” in two places. Subsec. (d)(1). Pub. L. 109–103, § 313(4)(A), substituted “2014” for “2011”, “subject to the availability of appropriations” for “from funds available to the Secretary”, and “2019” for “2016”. Subsec. (d)(2)(A). Pub. L. 109–103, § 313(4)(B), substituted “2020” for “2017” in introductory and concluding provisions. Subsec. (e). Pub. L. 109–103, § 313(5), substituted “2023” for “2020” in introductory provisions. Subsecs. (g), (h). Pub. L. 109–103, § 313(6), (7), added subsec. (g) and redesignated former subsec. (g) as (h).

§2566 Disposition of Weapons-usable Plutonium at Savannah River Site