Nuclear Energy Reactor Demonstration Act

I 116TH CONGRESS 2D SESSION H. R. 8296 To establish and support advanced nuclear energy research and development programs at the Department of Energy, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 17, 2020 Mr. GALLAGHER introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish and support advanced nuclear energy research and development programs at the Department of Energy, 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 Reac- 4 tor Demonstration Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Advanced nuclear reactor research and development goals. Sec. 4. Advanced fuels development. VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8296 IH SEC. 3. ADVANCED NUCLEAR REACTOR RESEARCH AND DE- 1 VELOPMENT GOALS. 2 (a) IN GENERAL.—Subtitle E of title IX of the En- 3 ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is 4 amended by adding at the end the following: 5 ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH 6 AND DEVELOPMENT GOALS. 7 ‘‘(a) DEFINITIONS.—In this section: 8 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 9 term ‘advanced nuclear reactor’ means— 10 ‘‘(A) a nuclear fission reactor, including a 11 prototype plant (as defined in sections 50.2 and 12 52.1 of title 10, Code of Federal Regulations 13 (or successor regulations)), with significant im- 14 provements compared to the most recent gen- 15 eration of fission reactors, including improve- 16 ments such as— 17 ‘‘(i) additional inherent safety fea- 18 tures; 19 ‘‘(ii) lower waste yields; 20 ‘‘(iii) improved fuel performance; 21 ‘‘(iv) increased tolerance to loss of 22 fuel cooling; 23 ‘‘(v) enhanced reliability; 24 ‘‘(vi) increased proliferation resist- 25 ance; 26 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8296 IH ‘‘(vii) increased thermal efficiency; 1 ‘‘(viii) reduced consumption of cooling 2 water; 3 ‘‘(ix) the ability to integrate into elec- 4 tric applications and nonelectric applica- 5 tions; 6 ‘‘(x) modular sizes to allow for deploy- 7 ment that corresponds with the demand 8 for electricity; or 9 ‘‘(xi) operational flexibility to respond 10 to changes in demand for electricity and to 11 complement integration with intermittent 12 renewable energy; and 13 ‘‘(B) a fusion reactor. 14 ‘‘(2) DEMONSTRATION PROJECT.—The term 15 ‘demonstration project’ means— 16 ‘‘(A) an advanced nuclear reactor oper- 17 ated— 18 ‘‘(i) as part of the power generation 19 facilities of an electric utility system; or 20 ‘‘(ii) in any other manner for the pur- 21 pose of demonstrating the suitability for 22 commercial application of the advanced nu- 23 clear reactor; 24 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8296 IH ‘‘(B) the demonstration of privately funded 1 experimental advanced nuclear reactors, funded 2 in whole or in part by the private sector, at Na- 3 tional Laboratories or other sites owned by the 4 Department of Energy; and 5 ‘‘(C) an advanced nuclear reactor dem- 6 onstrated by the Secretary of Defense in co- 7 operation with the Secretary of Energy. 8 ‘‘(b) PURPOSE.—The purpose of this section is to di- 9 rect the Secretary, as soon as practicable after the date 10 of enactment of this section, to advance the research and 11 development of domestic advanced, affordable, and clean 12 nuclear energy by— 13 ‘‘(1) demonstrating different advanced nuclear 14 reactor technologies that could be used by the pri- 15 vate sector to produce— 16 ‘‘(A) emission-free power at a levelized cost 17 of electricity of $60 per megawatt-hour or less; 18 ‘‘(B) heat for community heating, indus- 19 trial purposes, or synthetic fuel production; 20 ‘‘(C) remote or off-grid energy supply; or 21 ‘‘(D) backup or mission-critical power sup- 22 plies; 23 ‘‘(2) developing subgoals for nuclear energy re- 24 search programs that would accomplish the goals of 25 VerDate Sep 11 2014 22:39 Oct 06, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8296 IH the demonstration projects carried out under sub- 1 section (c); 2 ‘‘(3) identifying research areas that the private 3 sector is unable or unwilling to undertake due to the 4 cost of, or risks associated with, the research; and 5 ‘‘(4) facilitating the access of the private sec- 6 tor— 7 ‘‘(A) to Federal research facilities and per- 8 sonnel; and 9 ‘‘(B) to the results of research relating to 10 civil nuclear technology funded by the Federal 11 Government. 12 ‘‘(c) DEMONSTRATION PROJECTS.— 13 ‘‘(1) IN GENERAL.—The Secretary shall, to the 14 maximum extent practicable— 15 ‘‘(A) enter into agreements to complete not 16 fewer than two demonstration projects by not 17 later than December 31, 2025; and 18 ‘‘(B) establish a program to enter into 19 agreements to demonstrate not fewer than two, 20 and not more than five, additional operational 21 advanced reactor designs by not later than De- 22 cember 31, 2035. 23 VerDate Sep 11 2014 22:39 Oct 06, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8296 IH ‘‘(2) REQUIREMENTS.—In carrying out dem- 1 onstration projects under paragraph (1), the Sec- 2 retary shall— 3 ‘‘(A) include diversity in designs for the 4 advanced nuclear reactors demonstrated under 5 this section, including designs using various— 6 ‘‘(i) primary coolants; 7 ‘‘(ii) fuel types and compositions; and 8 ‘‘(iii) neutron spectra; 9 ‘‘(B) seek to ensure that— 10 ‘‘(i) the long-term cost of electricity or 11 heat for each design to be demonstrated 12 under this subsection is cost-competitive in 13 the applicable market; and 14 ‘‘(ii) the selected projects can meet 15 the deadline established in paragraph (1) 16 to demonstrate first-of-a-kind advanced 17 nuclear reactor technologies, for which ad- 18 ditional information shall be considered, in- 19 cluding— 20 ‘‘(I) the technology readiness 21 level of a proposed advanced nuclear 22 reactor technology; 23 ‘‘(II) the technical abilities and 24 qualifications of teams desiring to 25 VerDate Sep 11 2014 22:39 Oct 06, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8296 IH demonstrate a proposed advanced nu- 1 clear reactor technology; and 2 ‘‘(III) the capacity to meet cost- 3 share requirements of the Depart- 4 ment; 5 ‘‘(C) ensure that each evaluation of can- 6 didate technologies for the demonstration 7 projects is completed through an external re- 8 view of proposed designs, which review shall— 9 ‘‘(i) be conducted by a panel that in- 10 cludes not fewer than 1 representative of 11 each of— 12 ‘‘(I) an electric utility; and 13 ‘‘(II) an entity that uses high- 14 temperature process heat for manu- 15 facturing or industrial processing, 16 such as a petrochemical company, a 17 manufacturer of metals, or a manu- 18 facturer of concrete; 19 ‘‘(ii) include a review of cost-competi- 20 tiveness and other value streams, together 21 with the technology readiness level, of each 22 design to be demonstrated under this sub- 23 section; and 24 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8296 IH ‘‘(iii) not be required for a demonstra- 1 tion project that is not federally funded; 2 ‘‘(D) for federally funded demonstration 3 projects, enter into cost-sharing agreements 4 with private sector partners in accordance with 5 section 988 for the conduct of activities relating 6 to the research, development, and demonstra- 7 tion of private-sector advanced nuclear reactor 8 designs under the program; 9 ‘‘(E) work with private sector partners to 10 identify potential sites, including Department- 11 owned sites, for demonstrations, as appropriate; 12 ‘‘(F) align specific activities carried out 13 under demonstration projects carried out under 14 this subsection with priorities identified through 15 direct consultations between— 16 ‘‘(i) the Department; 17 ‘‘(ii) relevant Federal agencies as de- 18 termined by the Secretary; 19 ‘‘(iii) National Laboratories; 20 ‘‘(iv) institutions of higher education; 21 ‘‘(v) traditional end-users (such as 22 electric utilities); 23 ‘‘(vi) potential end-users of new tech- 24 nologies (such as users of high-tempera- 25 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8296 IH ture process heat for manufacturing proc- 1 essing, including petrochemical companies, 2 manufacturers of metals, or manufacturers 3 of concrete); and 4 ‘‘(vii) developers of advanced nuclear 5 reactor technology; and 6 ‘‘(G) seek to ensure that the demonstration 7 projects carried out under paragraph (1) do not 8 cause any delay in a deployment of an advanced 9 reactor by private industry and the Department 10 of Energy that is underway as of the date of 11 enactment of this section. 12 ‘‘(3) ADDITIONAL REQUIREMENTS.—In car- 13 rying out demonstration projects under paragraph 14 (1), the Secretary shall— 15 ‘‘(A) identify candidate technologies that— 16 ‘‘(i) are not developed sufficiently for 17 demonstration within the initial required 18 timeframe described in paragraph (1)(A); 19 but 20 ‘‘(ii) could be demonstrated within the 21 timeframe described in paragraph (1)(B); 22 ‘‘(B) identify technical challenges to the 23 candidate technologies identified in subpara- 24 graph (A); 25 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8296 IH ‘‘(C) support near-term research and devel- 1 opment to address the highest-risk technical 2 challenges to the successful demonstration of a 3 selected advanced reactor technology, in accord- 4 ance with— 5 ‘‘(i) subparagraph (B); and 6 ‘‘(ii) the research and development ac- 7 tivities under section 958; and 8 ‘‘(D) establish such technology advisory 9 working groups as the Secretary determines to 10 be appropriate to advise the Secretary regard- 11 ing the technical challenges identified under 12 subparagraph (B) and the scope of research 13 and development programs to address the chal- 14 lenges, in accordance with subparagraph (C), to 15 be comprised of— 16 ‘‘(i) private-sector advanced nuclear 17 reactor technology developers; 18 ‘‘(ii) technical experts with respect to 19 the relevant technologies at institutions of 20 higher education; and 21 ‘‘(iii) technical experts at the National 22 Laboratories. 23 ‘‘(d) GOALS.— 24 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8296 IH ‘‘(1) IN GENERAL.—The Secretary shall estab- 1 lish goals for research relating to advanced nuclear 2 reactors facilitated by the Department that support 3 the objectives of the program for demonstration 4 projects established under subsection (c). 5 ‘‘(2) COORDINATION.—In developing the goals 6 under paragraph (1), the Secretary shall coordinate, 7 on an ongoing basis, with members of private indus- 8 try to advance the demonstration of various designs 9 of advanced nuclear reactors. 10 ‘‘(3) REQUIREMENTS.—In developing the goals 11 under paragraph (1), the Secretary shall ensure 12 that— 13 ‘‘(A) research activities facilitated by the 14 Department to meet the goals developed under 15 this subsection are focused on key areas of nu- 16 clear research and deployment ranging from 17 basic science to full-design development, safety 18 evaluation, and licensing; 19 ‘‘(B) research programs designed to meet 20 the goals emphasize— 21 ‘‘(i) resolving materials challenges re- 22 lating to extreme environments, including 23 extremely high levels of— 24 ‘‘(I) radiation fluence; 25 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8296 IH ‘‘(II) temperature; 1 ‘‘(III) pressure; and 2 ‘‘(IV) corrosion; and 3 ‘‘(ii) qualification of advanced fuels; 4 ‘‘(C) activities are carried out that address 5 near-term challenges in modeling and simula- 6 tion to enable accelerated design and licensing; 7 ‘‘(D) related technologies, such as tech- 8 nologies to manage, reduce, or reuse nuclear 9 waste, are developed; 10 ‘‘(E) nuclear research infrastructure is 11 maintained or constructed, such as— 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) a molten salt testing facility; 19 ‘‘(F) basic knowledge of non-light water 20 coolant physics and chemistry is improved; 21 ‘‘(G) advanced sensors and control systems 22 are developed; and 23 ‘‘(H) advanced manufacturing and ad- 24 vanced construction techniques and materials 25 VerDate Sep 11 2014 00:57 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8296.IH H8296 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 8296 IH are investigated to reduce the cost of advanced 1 nuclear reactors.’’. 2 (b) TABLE OF CONTENTS.—The table of contents of 3 the Energy Policy Act of 2005 (Public Law 109–58; 119 4 Stat. 594) is amended— 5 (1) in the item relating to section 917, by strik- 6 ing ‘‘Efficiency’’; 7 (2) in the items relating to sections 957, 958, 8 and 959, by inserting ‘‘Sec.’’ before ‘‘9’’ each place 9 it appears; and 10 (3) by inserting after the item relating to sec- 11 tion 959 the following: 12 ‘‘Sec. 959A. Advanced nuclear reactor research and development goals.’’. SEC. 4. ADVANCED FUELS DEVELOPMENT. 13 Section 953 of the Energy Policy Act of 2005 (42 14 U.S.C. 16273) is amended— 15 (1) by redesignating subsections (a) through (d) 16 as paragraphs (1), (3), (4), and (5), respectively, 17 and indenting appropriately; 18 (2) in paragraph (1) (as so redesignated)— 19 (A) by striking ‘‘this section’’ and inserting 20 ‘‘this subsection’’; 21 (B) by striking ‘‘minimize environmental’’ 22 and inserting ‘‘improve fuel cycle performance 23 while minimizing the cost and complexity of [Text truncated for display. Full text available on Congress.gov.]