Nuclear Energy Research and Development Act

I 116TH CONGRESS 2D SESSION H. R. 6097 To provide for a program of nuclear energy research, development, demonstration, and commercialization, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 5, 2020 Mr. LAMB (for himself and Mr. NEWHOUSE) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To provide for a program of nuclear energy research, devel- opment, demonstration, and commercialization, and for other purposes. 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 ‘‘Nuclear Energy Re- 4 search and Development Act’’. 5 SEC. 2. DEFINITIONS. 6 Section 951(b) of the Energy Policy Act of 2005 (42 7 U.S.C. 16271(b)) is amended— 8 (1) by amending paragraph (1) to read as fol- 9 lows: 10 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6097 IH ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 1 term ‘advanced nuclear reactor’ means— 2 ‘‘(A) a nuclear fission reactor, including a 3 prototype plant (as defined in sections 50.2 and 4 52.1 of title 10, Code of Federal Regulations 5 (or successor regulations)), with significant im- 6 provements compared to reactors operating on 7 the date of enactment of the Nuclear Energy 8 Research and Development Act, including im- 9 provements such as— 10 ‘‘(i) additional inherent safety fea- 11 tures; 12 ‘‘(ii) lower waste yields; 13 ‘‘(iii) improved fuel performance; 14 ‘‘(iv) increased tolerance to loss of 15 fuel cooling; 16 ‘‘(v) enhanced reliability; 17 ‘‘(vi) increased proliferation resist- 18 ance; 19 ‘‘(vii) increased thermal efficiency; 20 ‘‘(viii) reduced consumption of cooling 21 water and other environmental impacts; 22 ‘‘(ix) the ability to integrate into elec- 23 tric applications and nonelectric applica- 24 tions; 25 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6097 IH ‘‘(x) modular sizes to allow for deploy- 1 ment that corresponds with the demand 2 for electricity; 3 ‘‘(xi) operational flexibility to respond 4 to changes in demand for electricity and to 5 complement integration with intermittent 6 renewable energy; or 7 ‘‘(xii) improved resilience; and 8 ‘‘(B) a fusion reactor.’’; and 9 (2) by adding at the end the following: 10 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 11 The term ‘institution of higher education’ has the 12 meaning given the term in section 101(a) of the 13 Higher Education Act of 1965 (20 U.S.C. 14 1001(a)).’’. 15 SEC. 3. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, 16 DEMONSTRATION, AND COMMERCIAL APPLI- 17 CATION PROGRAMS. 18 (a) REACTOR CONCEPTS RESEARCH, DEVELOPMENT, 19 AND DEMONSTRATION.—Section 952 of the Energy Policy 20 Act of 2005 (42 U.S.C. 16272) is amended to read as 21 follows: 22 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6097 IH ‘‘SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOP- 1 MENT, DEMONSTRATION, AND COMMERCIAL 2 APPLICATION. 3 ‘‘(a) SUSTAINABILITY PROGRAM FOR LIGHT WATER 4 REACTORS.— 5 ‘‘(1) IN GENERAL.—The Secretary shall carry 6 out a program of research, development, demonstra- 7 tion, and commercial application to support existing 8 operating nuclear power plants which shall address 9 technologies to modernize and improve, with respect 10 to such plants— 11 ‘‘(A) reliability; 12 ‘‘(B) capacity; 13 ‘‘(C) component aging; 14 ‘‘(D) safety; 15 ‘‘(E) physical security and security costs; 16 ‘‘(F) plant lifetime; 17 ‘‘(G) operations and maintenance costs, in- 18 cluding by utilizing risk-informed systems anal- 19 ysis; 20 ‘‘(H) the ability for plants to operate flexi- 21 bly; 22 ‘‘(I) nuclear hybrid energy system applica- 23 tions described in subsection (c); 24 ‘‘(J) efficiency; 25 ‘‘(K) environmental impacts; and 26 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6097 IH ‘‘(L) resilience. 1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 2 There are authorized to be appropriated to the Sec- 3 retary to carry out the program under this sub- 4 section— 5 ‘‘(A) $55,000,000 for fiscal year 2021; 6 ‘‘(B) $57,750,000 for fiscal year 2022; 7 ‘‘(C) $60,637,500 for fiscal year 2023; 8 ‘‘(D) $63,669,375 for fiscal year 2024; 9 and 10 ‘‘(E) $66,852,844 for fiscal year 2025. 11 ‘‘(b) ADVANCED REACTOR TECHNOLOGIES.— 12 ‘‘(1) IN GENERAL.—The Secretary shall carry 13 out a program of research, development, demonstra- 14 tion, and commercial application to support ad- 15 vanced reactor technologies. 16 ‘‘(2) REQUIREMENTS.—In carrying out the pro- 17 gram under this subsection, the Secretary shall— 18 ‘‘(A) prioritize designs for advanced nu- 19 clear reactors that are proliferation resistant 20 and passively safe, including designs that, com- 21 pared to reactors operating on the date of en- 22 actment of the Nuclear Energy Research and 23 Development Act— 24 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6097 IH ‘‘(i) are economically competitive with 1 other electric power generation plants; 2 ‘‘(ii) have higher efficiency, lower cost, 3 less environmental impacts, increased resil- 4 ience, and improved safety; 5 ‘‘(iii) use fuels that are proliferation- 6 resistant and have reduced production of 7 high-level waste per unit of output; and 8 ‘‘(iv) use advanced instrumentation 9 and monitoring systems; 10 ‘‘(B) consult with the Nuclear Regulatory 11 Commission on appropriate metrics to consider 12 for the criteria specified in subparagraph (A); 13 ‘‘(C) support research and development to 14 resolve materials challenges relating to extreme 15 environments, including environments that con- 16 tain high levels of— 17 ‘‘(i) radiation fluence; 18 ‘‘(ii) temperature; 19 ‘‘(iii) pressure; and 20 ‘‘(iv) corrosion; 21 ‘‘(D) support research and development to 22 aid in the qualification of advanced fuels, in- 23 cluding fabrication techniques; 24 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6097 IH ‘‘(E) support activities that address near- 1 term challenges in modeling and simulation to 2 enable accelerated design of and licensing of ad- 3 vanced nuclear reactors, including the identi- 4 fication of tools and methodologies for vali- 5 dating such modeling and simulation efforts; 6 ‘‘(F) develop technologies, including tech- 7 nologies to manage, reduce, or reuse nuclear 8 waste; 9 ‘‘(G) ensure that nuclear research infra- 10 structure is maintained or constructed, includ- 11 ing— 12 ‘‘(i) currently operational research re- 13 actors at the National Laboratories and in- 14 stitutions of higher education; 15 ‘‘(ii) hot cell research facilities; 16 ‘‘(iii) a versatile fast neutron source; 17 and 18 ‘‘(iv) advanced coolant testing facili- 19 ties, including coolants such as lead, so- 20 dium, gas, and molten salt; 21 ‘‘(H) improve scientific understanding of 22 nonlight water coolant physics and chemistry; 23 ‘‘(I) develop advanced sensors and control 24 systems, including the identification of tools 25 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6097 IH and methodologies for validating such sensors 1 and systems; 2 ‘‘(J) investigate advanced manufacturing 3 and advanced construction techniques and ma- 4 terials to reduce the cost of advanced nuclear 5 reactors, including the use of digital twins and 6 of strategies to implement project and construc- 7 tion management best practices, and study the 8 effects of radiation on materials created with 9 these techniques; 10 ‘‘(K) consult with the Administrator of the 11 National Nuclear Security Administration to in- 12 tegrate reactor safeguards and security into de- 13 sign; 14 ‘‘(L) support efforts to reduce any tech- 15 nical barriers that would prevent commercial 16 application of advanced nuclear energy systems; 17 and 18 ‘‘(M) develop various safety analyses and 19 emergency preparedness and response meth- 20 odologies. 21 ‘‘(3) COORDINATION.—The Secretary shall co- 22 ordinate with individuals engaged in the private sec- 23 tor and individuals who are experts in nuclear non- 24 proliferation, environmental and public health and 25 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6097 IH safety, and economics to advance the development of 1 various designs of advanced nuclear reactors. 2 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 3 There are authorized to be appropriated to the Sec- 4 retary to carry out the program under this sub- 5 section $55,000,000 for each of fiscal years 2021 6 through 2025. 7 ‘‘(c) NUCLEAR HYBRID ENERGY SYSTEMS RE- 8 SEARCH, DEVELOPMENT, DEMONSTRATION, AND COM- 9 MERCIAL APPLICATION PROGRAM.— 10 ‘‘(1) IN GENERAL.—The Secretary shall carry 11 out a program of research, development, demonstra- 12 tion, and commercial application to develop nuclear 13 hybrid energy systems, composed of 2 or more co- 14 located or jointly operated subsystems of energy gen- 15 eration, energy storage, or other technologies and in 16 which not in which not less than 1 such subsystem 17 is a nuclear energy system, to reduce greenhouse gas 18 emissions in both the power and nonpower sectors. 19 ‘‘(2) COORDINATION.—In carrying out the pro- 20 gram under paragraph (1), the Secretary shall co- 21 ordinate with relevant program offices within the 22 Department of Energy. 23 ‘‘(3) FOCUS AREAS.—The program under para- 24 graph (1) may include research, development, dem- 25 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6097 IH onstration, or commercial application of nuclear hy- 1 brid energy systems with respect to— 2 ‘‘(A) desalination of water; 3 ‘‘(B) hydrogen or other fuel production; 4 ‘‘(C) heat for industrial processes; 5 ‘‘(D) district heating; 6 ‘‘(E) heat storage; 7 ‘‘(F) carbon capture, use, utilization, and 8 storage; 9 ‘‘(G) microgrid or island applications; 10 ‘‘(H) integrated systems modeling, anal- 11 ysis, and optimization, inclusive of different 12 configurations of hybrid energy systems; and 13 ‘‘(I) integrated design, planning, and oper- 14 ation of systems with existing infrastructure, 15 including interconnection requirements with the 16 electric grid, as appropriate. 17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 18 There are authorized to be appropriated to the Sec- 19 retary to carry out the program under this sub- 20 section— 21 ‘‘(A) $52,500,000 for fiscal year 2021; 22 ‘‘(B) $55,125,000 for fiscal year 2022; 23 ‘‘(C) $57,881,250 for fiscal year 2023; 24 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6097 IH ‘‘(D) $60,775,313 for fiscal year 2024; 1 and 2 ‘‘(E) $63,814,078 for fiscal year 2025.’’. 3 (b) FUEL CYCLE RESEARCH AND DEVELOPMENT.— 4 Section 953 of the Energy Policy Act of 2005 (42 U.S.C. 5 16273) is amended to read as follows: 6 ‘‘SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEM- 7 ONSTRATION, AND COMMERCIAL APPLICA- 8 TION. 9 ‘‘(a) HIGH-ASSAY, LOW-ENRICHED URANIUM RE- 10 SEARCH, DEVELOPMENT, DEMONSTRATION, AND COM- 11 MERCIAL APPLICATION FOR ADVANCED NUCLEAR REAC- 12 TORS.— 13 ‘‘(1) DEFINITIONS.—In this section: 14 ‘‘(A) HIGH-ASSAY, LOW-ENRICHED URA- 15 NIUM.—The term ‘high-assay, low-enriched ura- 16 nium’ means uranium with an assay greater 17 than 5 weight percent, but less than 20 weight 18 percent, of the uranium-235 isotope. 19 ‘‘(B) HIGH-ENRICHED URANIUM.—The 20 term ‘high-enriched uranium’ means uranium 21 with an assay of 20 weight percent or more of 22 the uranium-235 isotope. 23 ‘‘(2) PROGRAM.— 24 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6097 IH ‘‘(A) ESTABLISHMENT.—Not later than 1 1 year after the date of enactment of this section, 2 the Secretary shall establish a program of re- 3 search, development, demonstration, and com- 4 mercial application to make available high- 5 assay, low-enriched uranium for use in civilian 6 advanced nuclear reactors. 7 ‘‘(B) NUCLEAR FUEL OWNERSHIP.—Ura- 8 nium made available under this subsection shall 9 remain the property of the Department, which 10 shall be responsible for the storage, use, and 11 disposition of all radioactive waste created by 12 the irradiation, processing, or purification of 13 such uranium, and shall not be deemed to be a 14 sale or transfer of uranium subject to sections 15 3112 and 3113 of the USEC Privatization Act 16 (42 U.S.C. 2297h–10 and 42 USC 2297h–11). 17 ‘‘(C) GOAL.—In carrying out the program 18 under this subsection, the Secretary shall dem- 19 onstrate the capability to produce high-assay, 20 low-enriched uranium, with the goal of having 21 the capability of producing amounts needed to 22 provide a reliable and available supply for ad- 23 vanced nuclear reactors by December 31, 2025. 24 VerDate Sep 11 2014 01:49 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6097.IH H6097 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 6097 IH ‘‘(D) FACTORS FOR CONSIDERATION.—In 1 carrying out the program under this subsection, 2 the Secretary shall take into consideration op- 3 tions for providing high-assay, low-enriched 4 uranium for use in civilian advanced nuclear re- 5 actors under this subsection from a stockpile of 6 uranium owned by the Department or using en- 7 richment technology, prioritizing methods that 8 would produce useable material the quickest, in- 9 cluding— 10 ‘‘(i) fuel that— 11 ‘‘(I) directly meets the needs of 12 an end user; and 13 ‘‘(II) has been previously used or 14 fabricated for another purpose; 15 ‘‘(ii) fuel that can meet the needs of 16 an end user after removing radioactive or 17 other contaminants that resulted from a 18 previous use or fabrication of the fuel for 19 research, development, demonstration, or 20 deployment activities of the Department; 21 and 22 ‘‘(iii) fuel from a high-enriched ura- 23 nium stockpile, which can be blended with 24 [Text truncated for display. 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