Advanced Nuclear Deployment Act

I 117TH CONGRESS 1ST SESSION H. R. 1746 To facilitate the efficient licensing and deployment of advanced civilian nuclear technologies. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2021 Mr. HUDSON introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To facilitate the efficient licensing and deployment of advanced civilian nuclear technologies. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Advanced Nuclear De- 4 ployment Act’’. 5 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1746 IH SEC. 2. ENABLING PREPARATIONS FOR ADVANCED NU- 1 CLEAR REACTOR DEMONSTRATIONS ON FED- 2 ERAL SITES. 3 (a) IN GENERAL.—Section 102(b)(1)(B) of the Nu- 4 clear Energy Innovation and Modernization Act (42 5 U.S.C. 2215(b)(1)(B)) is amended by adding at the end 6 the following: 7 ‘‘(v) Costs for— 8 ‘‘(I) activities to review and ap- 9 prove or disapprove an application for 10 an early site permit (as defined in sec- 11 tion 52.1 of title 10, Code of Federal 12 Regulations (or any successor regula- 13 tion)) to demonstrate an advanced nu- 14 clear reactor on a Department of En- 15 ergy or Department of Defense site; 16 and 17 ‘‘(II) pre-application activities re- 18 lating to an early site permit (as so 19 defined) to demonstrate an advanced 20 nuclear reactor on a Department of 21 Energy or Department of Defense 22 site.’’. 23 (b) EFFECTIVE DATE.—The amendments made by 24 subsection (a) shall take effect on October 1, 2021. 25 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1746 IH SEC. 3. REGULATORY REQUIREMENTS FOR MICRO-REAC- 1 TORS. 2 (a) MICRO-REACTOR LICENSING.—Not later than 3 3 years after the date of enactment of this Act, the Nuclear 4 Regulatory Commission (in this section referred to as the 5 ‘‘Commission’’) shall— 6 (1) not later than 18 months after the date of 7 enactment of this Act, develop risk-informed and 8 performance-based strategies and guidance to license 9 and regulate micro-reactors pursuant to section 103 10 of the Atomic Energy Act of 1954 (42 U.S.C. 11 2133), including strategies and guidance for— 12 (A) staffing and operations; 13 (B) oversight and inspections; 14 (C) safeguards and security; 15 (D) emergency preparedness; and 16 (E) risk analysis methods, including alter- 17 natives to probabilistic risk assessments; 18 (F) quality assurance, including the use of 19 commercial nuclear quality standards in lieu of 20 the requirements of Appendix B of part 50 of 21 title 10, Code of Federal Regulations (or any 22 successor regulation); 23 (G) decommissioning funding assurance 24 methods that permit the use of design- and site- 25 specific cost estimates; 26 VerDate Sep 11 2014 22:37 May 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1746 IH (H) the transportation of fueled micro-re- 1 actors; 2 (I) an annual fee structure that accounts 3 for the design and operational characteristics of 4 micro-reactors; and 5 (J) siting, including in relation to— 6 (i) the per capita siting limit de- 7 scribed in the policy issue paper on popu- 8 lation-related siting considerations for ad- 9 vanced reactors dated May 8, 2020, and 10 numbered SECY–20–0045; 11 (ii) licensing mobile deployment; and 12 (iii) environmental reviews; and 13 (2) implement, as appropriate, the strategies 14 and guidance developed under paragraph (1)— 15 (A) within the existing regulatory frame- 16 work; 17 (B) through the technology-inclusive, regu- 18 latory framework to be established under sec- 19 tion 103(a)(4) of the Nuclear Energy Innova- 20 tion and Modernization Act (42 U.S.C. 2133 21 note; Public Law 115–439); or 22 (C) through a pending or new rulemaking. 23 (b) REVIEW SCHEDULES.—The Commission shall es- 24 tablish and implement, by regulation, schedules that pro- 25 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1746 IH vide target time periods for the completion of review activi- 1 ties applicable to the licensing of micro-reactors to ensure 2 the completion of all such licensing actions by not later 3 than the date that is 2 years after the date on which an 4 application for such a license is accepted for docketing. 5 (c) CONSIDERATIONS.—In developing and imple- 6 menting strategies and guidance under subsection (a), the 7 Commission shall consider— 8 (1) the unique characteristics of micro-reactors, 9 such as characteristics relating to— 10 (A) physical size; 11 (B) design simplicity; and 12 (C) source term; 13 (2) opportunities to address redundancies and 14 inefficiencies; 15 (3) opportunities to consolidate review phases 16 and reduce transitions between review teams; 17 (4) opportunities to establish integrated review 18 teams to ensure continuity throughout the review 19 process; and 20 (5) other relevant considerations discussed in 21 the policy issue paper on policy and licensing consid- 22 erations related to micro-reactors dated October 6, 23 2020, and numbered SECY–20–0093. 24 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1746 IH (d) CONSULTATION.—In carrying out subsection (a), 1 the Commission shall consult with— 2 (1) the Secretary of Energy; 3 (2) the heads of other Federal agencies, as ap- 4 propriate; 5 (3) micro-reactor technology developers; and 6 (4) other stakeholders. 7 SEC. 4. EXPEDITED SUBSEQUENT COMBINED LICENSES. 8 (a) IN GENERAL.—In accordance with this section, 9 the Nuclear Regulatory Commission (referred to in this 10 section as the ‘‘Commission’’) shall establish and carry out 11 an expedited procedure for issuing a combined license pur- 12 suant to section 103 of the Atomic Energy Act of 1954 13 (42 U.S.C. 2133). 14 (b) QUALIFICATIONS.—To qualify for the expedited 15 procedure under subsection (a), an applicant— 16 (1) shall submit a complete combined license 17 application for a new nuclear reactor based off a 18 previously licensed design; 19 (2) shall construct the new nuclear reactor on 20 or adjacent to a site on which an operating nuclear 21 reactor already exists or previously operated; and 22 (3) may not be subject to an order of the Com- 23 mission to modify, suspend, or revoke a license 24 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1746 IH under section 2.202 of title 10, Code of Federal 1 Regulations (or any successor regulation). 2 (c) EXPEDITED PROCEDURE.—With respect to a 3 combined license for which the applicant has satisfied the 4 requirements described in subsection (b), the Commission 5 shall— 6 (1) not later than 1 year after the application 7 is accepted for docketing— 8 (A) carry out an expedited environmental 9 review process; and 10 (B) issue a draft environmental impact 11 statement; 12 (2) not later than 18 months after the applica- 13 tion is accepted for docketing— 14 (A) complete the technical review process; 15 and 16 (B) issue a safety evaluation report and 17 final environmental impact statement; 18 (3) not later than 2 years after the application 19 is accepted for docketing, complete any necessary 20 public licensing hearings and related processes; and 21 (4) not later than 25 months after the applica- 22 tion is accepted for docketing, make a final decision 23 on whether to issue the combined license. 24 (d) PERFORMANCE AND REPORTING.— 25 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1746 IH (1) GOALS.—Not later than 90 days after the 1 date of enactment of this Act, the Chairman of the 2 Nuclear Regulatory Commission shall submit to the 3 Committee on Energy and Commerce of the House 4 of Representatives and the Committee on Environ- 5 ment and Public Works of the Senate recommenda- 6 tions for procedures that would further facilitate the 7 expedited licensing of new nuclear reactors. 8 (2) DELAYS IN ISSUANCE.—Not later than 30 9 days after the applicable deadline, the Executive Di- 10 rector for Operations of the Commission shall inform 11 the Commission of any failure to meet a deadline 12 under subsection (c). 13 (3) DELAYS IN ISSUANCE EXCEEDING 90 14 DAYS.—If any deadline under subsection (c) is not 15 met by the date that is 90 days after the applicable 16 date required under such subsection, the Commis- 17 sion shall submit to the Committee on Environment 18 and Public Works of the Senate and the Committee 19 on Energy and Commerce of the House of Rep- 20 resentatives a timely report describing the delay, in- 21 cluding a detailed explanation accounting for the 22 delay and a plan for timely completion of the appli- 23 cable action. 24 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1746 IH SEC. 5. PILOT PROGRAM FOR NUCLEAR POWER PURCHASE 1 AGREEMENTS. 2 (a) IN GENERAL.—Subtitle B of title VI of the En- 3 ergy Policy Act of 2005 (Public Law 109–58; 119 Stat. 4 782) is amended by adding at the end the following: 5 ‘‘SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE 6 AGREEMENT PILOT PROGRAM. 7 ‘‘(a) ESTABLISHMENT.—Not later than 2026, the 8 Secretary shall establish a pilot program under which the 9 Secretary shall enter into long-term power purchase agree- 10 ments for power generated by commercial nuclear reac- 11 tors. 12 ‘‘(b) REQUIREMENTS.—In establishing the pilot pro- 13 gram under this section, the Secretary shall— 14 ‘‘(1) consult with the heads of other Federal de- 15 partments and agencies that may benefit from pur- 16 chasing nuclear power for a period of longer than 10 17 years, including the Secretary of Defense; and 18 ‘‘(2) not later than December 31, 2026, enter 19 into at least 1 agreement to purchase power from a 20 commercial nuclear reactor that receives a license 21 from the Nuclear Regulatory Commission after Jan- 22 uary 1, 2022. 23 ‘‘(c) PERIOD OF AGREEMENT.—Notwithstanding any 24 other provision of law, an agreement entered into pursuant 25 to subsection (b)(2) to purchase power from a commercial 26 VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1746 IH nuclear reactor shall be made for a period of at least 10 1 years and not more than 40 years. 2 ‘‘(d) PRIORITY.—In carrying out this section, the 3 Secretary shall prioritize entering into long-term power 4 purchase agreements for power generated by first-of-a- 5 kind or early deployment commercial nuclear reactors that 6 will provide reliable and resilient power— 7 ‘‘(1) to high-value assets for national security 8 purposes; or 9 ‘‘(2) for other purposes that the Secretary de- 10 termines are in the national interest, including for 11 remote off-grid scenarios or grid-connected scenarios 12 that provide capabilities commonly known as 13 ‘islanding power capabilities’ during an emergency. 14 ‘‘(e) RATES.—A long-term power purchase agreement 15 entered into under this section may not be at a rate that 16 is higher than the average market rate, unless the agree- 17 ment is for power generated by a commercial nuclear reac- 18 tor described in subsection (d).’’. 19 (b) TABLE OF CONTENTS.—The table of contents of 20 the Energy Policy Act of 2005 (Public Law 109–58; 119 21 Stat. 594) is amended by inserting after the item relating 22 to section 639 the following: 23 ‘‘Sec. 640. Long-term nuclear power purchase agreement pilot program.’’. Æ VerDate Sep 11 2014 19:35 May 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H1746.IH H1746 pamtmann on DSKBC07HB2PROD with BILLS