Home > 106th Congressional Bills > S. 1287 (pcs) To provide for the storage of spent nuclear fuel pending completion of the nuclear waste repository, and for other purposes. [Placed on Calendar Senate] ...

S. 1287 (pcs) To provide for the storage of spent nuclear fuel pending completion of the nuclear waste repository, and for other purposes. [Placed on Calendar Senate] ...


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106th CONGRESS
  2d Session
                                S. 1287

_______________________________________________________________________

                                 AN ACT


 
To provide for the storage of spent nuclear fuel pending completion of 
         the nuclear waste repository, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Waste Policy Amendments Act 
of 2000''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``contract holder'' means a party to a 
        contract with the Secretary of Energy for the disposal of spent 
        nuclear fuel or high-level radioactive waste entered into 
        pursuant to section 302(a) of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10222(a)); and
            (2) the terms ``Administrator'', ``civilian nuclear power 
        reactor'', ``Commission'', ``Department'', ``disposal'', 
        ``high-level radioactive waste'', ``Indian tribe'', 
        ``repository'', ``reservation'', ``Secretary'', ``spent nuclear 
        fuel'', ``State'', ``storage'', ``Waste Fund'', and ``Yucca 
        Mountain site'' shall have the meanings given such terms in 
        section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101).

                     TITLE I--STORAGE AND DISPOSAL

SEC. 101. PROGRAM SCHEDULE.

    (a) In General.--The President, the Secretary, and the Nuclear 
Regulatory Commission shall carry out their duties under this Act and 
the Nuclear Waste Policy Act of 1982 by the earliest practicable date 
consistent with the public interest and applicable provisions of law.
    (b) Milestones.--(1) The Secretary shall make a final decision 
whether to recommend the Yucca Mountain site for development of the 
repository to the President by December 31, 2001;
    (2) The President shall make a final decision whether to recommend 
the Yucca Mountain site for development of the repository to the 
Congress by March 31, 2002;
    (3) The Nuclear Regulatory Commission shall make a final decision 
whether to authorize construction of the repository by January 31, 
2006; and
    (4) As provided in subsection (c), the Secretary shall begin 
receiving waste at the repository site at the earliest practicable date 
and no later than eighteen months after receiving construction 
authorization from the Nuclear Regulatory Commission.
    (c) Receipt Facilities.--(1) As part of the submission of an 
application for a construction authorization pursuant to section 114(b) 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), the 
Secretary shall apply to the Commission to receive and possess spent 
nuclear fuel and high-level radioactive waste at surface facilities 
within the geologic repository operations area for the receipt, 
handling, packaging, and storage prior to emplacement.
    (2) As part of the issuance of the construction authorization under 
section 114(b) of the Nuclear Waste Policy Act of 1982, the Commission 
shall authorize construction of surface facilities described in 
subsection (c)(1) and the receipt and possession of spent nuclear fuel 
and high-level radioactive waste at such surface facilities within the 
geologic repository operations area for the purposes in subsection 
(c)(1), in accordance with such standards as the Commission finds are 
necessary to protect the public health and safety.

SEC. 102. BACKUP STORAGE CAPACITY.

    (a) Subject to section 105(d), the Secretary shall enter into a 
contract under this subsection with any person generating or owning 
spent nuclear fuel that meets the requirements of section 135(b)(1) (A) 
and (B) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10155(b)(1) 
(A) and (B)) to--
            (1) take title at the civilian nuclear power reactor site 
        to such amounts of spent nuclear fuel from the civilian nuclear 
        power reactor as the Commission determines cannot be stored 
        onsite; and
            (2) transport such spent nuclear fuel to, and store such 
        spent nuclear fuel at, the repository site after the Commission 
        has authorized construction of the repository without regard to 
        the Secretary's Acceptance Priority Ranking report or Annual 
        Capacity report.

SEC. 103. REPOSITORY LICENSING.

    (a) Adoption of Standards.--Notwithstanding the time schedule in 
section 801(a)(1) of the Energy Policy Act of 1992 (42 U.S.C. 10141 
note), the Administrator shall not publish or adopt public health and 
safety standards for the protection of the public from releases from 
radioactive materials stored or disposed of in the repository at the 
Yucca Mountain site--
            (1) except in accordance with this section; and
            (2) before June 1, 2001.
    (b) Consultation and Reports to Congress.--(1) Not later than 30 
days after the enactment of this Act, the Administrator shall provide 
the Commission and the National Academy of Sciences--
            (A) a detailed written comparison of the provisions of the 
        proposed Environmental Protection Standards for Yucca Mountain, 
        Nevada, published in the Federal Register on August 27, 1999 
        (64 Fed. Reg. 46,975) with the recommendations made by the 
        National Academy of Sciences in its report, Technical Bases for 
        Yucca Mountain Standards, pursuant to section 801(a)(2) of the 
        Energy Policy Act of 1992 (42 U.S.C. 10141 note); and
            (B) the scientific basis for the proposed rule.
    (2) Not later than April 1, 2001, the Commission and the National 
Academy of Sciences shall, based on the proposed rule and the 
information provided by the Administrator under paragraph (1), each 
submit a report to Congress on whether the proposed rule--
            (A) is consistent with section 801(a)(2) of the Energy 
        Policy Act of 1992 (42 U.S.C. 10141 note);
            (B) provide a reasonably expectation that the public health 
        and safety and the environment will be adequately protected 
        from the hazards posed by high-level radioactive waste and 
        spent nuclear fuel disposed of in the repository;
            (C) is based on the best reasonably obtainable scientific 
        and technical information concerning the need for, and 
        consequences of, the rule; and
            (D) imposes the least burden, consistent with obtaining the 
        regulatory objective of protecting the public health and safety 
        and the environment.
    (3) In the event that either the Commission or the National Academy 
of Sciences finds that the proposed rule does not meet one or more of 
the criteria listed in paragraph (2), it shall notify the Administrator 
not later than April 1, 2001 of its finding and the basis for such 
finding.
    (c) Application of Congressional Review Procedures.--Any final rule 
promulgated under section 801(a)(1) of the Energy Policy Act of 1992 
(42 U.S.C. 10141 note) shall be treated as a major rule for purposes of 
chapter 8 of title 5, United States Code, and shall be subject to all 
the requirements and procedures pertaining to a major rule in such 
chapter.
    (d) Capacity.--Section 114(d) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10134(d)) is amended by striking ``The Commission 
decision approving the first such application . . .'' through the 
period at the end of the sentence.

SEC. 104. NUCLEAR WASTE FEE.

    The last sentence of section 302(a)(4) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10222(a)(4)) is amended to read as follows: 
``The adjusted fee proposed by the Secretary shall be effective upon 
enactment of a joint resolution or other provision of law specifically 
approving the adjusted fee.''.

SEC. 105. SETTLEMENT AGREEMENTS.

    (a) In General.--The Secretary may, upon the request of any person 
with whom he has entered into a contract under section 302(a) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), enter into a 
settlement agreement with the contract holder to--
            (1) relieve any harm caused by the Secretary's failure to 
        meet the Department's commitment, or
            (2) settle any legal claims against the United States 
        arising out of such failure.
    (b) Types of Relief.--Pursuant to a settlement agreement entered 
into under this section, the Secretary may--
            (1) provide spent nuclear fuel storage casks to the 
        contract holder;
            (2) compensate the contract holder for the cost of 
        providing spent nuclear fuel storage at the contract holders' 
        storage facility; or
            (3) provide any combination of the foregoing.
    (c) Scope of Relief.--The Secretary's obligation to provide the 
relief under subsection (b) shall not exceed the Secretary's obligation 
to accept delivery of such spent fuel under the terms of the 
Secretary's contract with such contract holder under section 302(a) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), including 
any otherwise permissible assignment of rights.
    (d) Waiver of Claims.--(1) The Secretary may not enter into a 
settlement agreement under subsection (a) or (f) or a backup contract 
under section 102(a) with any contract holder unless the contract 
holder--
            (A) notifies the Secretary within 180 days after the date 
        of enactment of this Act of its intent to enter into a 
        settlement negotiations, and
            (B) as part of such settlement agreement or backup 
        contract, waives any claim for damages against the United 
        States arising out of the Secretary's failure to begin 
        disposing of such person's high-level waste or spent nuclear 
        fuel by January 31, 1998.
            (2) Nothing in this subsection shall be read to require a 
        contract holder to waive any future claim against the United 
        States arising out of the Secretary's failure to meet any new 
        obligation assumed under a settlement agreement or backup 
        storage agreement, including any obligation related to the 
        movement of spent fuel by the Department.
    (e) Source of Funds.--Notwithstanding section 302(d) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(d)), the Secretary may not 
make expenditures from the Nuclear Waste Fund for any costs that may be 
incurred by the Secretary pursuant to a settlement agreement or backup 
storage contract under this Act except--
            (1) the cost of acquiring and loading spent nuclear fuel 
        casks;
            (2) the cost of transporting spent nuclear fuel from the 
        contract holder's site to the repository; and
            (3) any other cost incurred by the Secretary required to 
        perform a settlement agreement or backup storage contract that 
        would have been incurred by the Secretary under the contracts 
        entered into under section 302(a) of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10222(a)) notwithstanding their 
        amendment pursuant to this Act.
    (f) Reactor Demonstration Program.--(1) Not later than 120 days 
after the date of enactment of the Nuclear Waste Policy Amendments Act 
of 2000, and notwithstanding Section 302(a)(5) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Secretary is authorized 
to take title to the spent nuclear fuel withdrawn from the 
demonstration reactor remaining from the Cooperative Power Reactor 
Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 Stat. 679), the 
Dairyland Power Cooperative La Crosse Boiling Water Reactor. 
Immediately upon the Secretary's taking title to the Dairyland Power 
Cooperative La Crosse Boiling Water Reactor spent nuclear fuel, the 
Secretary shall assume all responsibility and liability for the interim 
storage and permanent disposal thereof and is authorized to compensate 
Dairyland Power Cooperative for any costs related to operating and 
maintaining facilities necessary for such storage, from the date of 
taking title until the Secretary removes the spent nuclear fuel from 
the Dairyland Power Cooperative La Crosse Boiling Water Reactor site. 
The Secretary's obligation to take title or compensate the holder of 
the Dairyland Power Cooperative La Crosse Boiling Water Reactor spent 
nuclear fuel under this subsection shall include all of such fuel, 
regardless of the delivery commitment schedule for such fuel under the 
Secretary's contract with the Dairyland Power Cooperative as the 
contract holder under Section 302(a) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222(a)) or the acceptance schedule for such fuel 
under section 106 of this Act.
    (2) As a condition to the Secretary's taking of title to the 
Dairyland Power Cooperative La Crosse Boiling Water Reactor spent 
nuclear fuel, the contract holder for such fuel shall enter into a 
settlement agreement containing a waiver of claims against the United 
States as provided in this section.
    (g) Savings Clause.--(1) Nothing in this section shall limit the 
Secretary's existing authority to enter into settlement agreements or 
address shutdown reactors and any associated public health and safety 
or environmental concerns that may arise.
    (2) Nothing in this Act diminishes obligations imposed upon the 
Federal Government by the United States District Court of Idaho in an 
order entered on October 17, 1995 in United States v. Batt (No. 91-
0054-S-EJL). To the extent this Act imposes obligations on the Federal 
Government that are greater than those imposed by the court order, the 
provisions of this Act shall prevail.

SEC. 106. ACCEPTANCE SCHEDULE.

    (a) Priority Ranking.--Acceptance priority ranking shall be 
determined by the Department's ``Acceptance Priority Ranking'' report.
    (b) Acceptance Rate.--As soon as practicable after construction 
authorization, but no later than eighteen months after the year of 
issuance of a license to receive and possess spent nuclear fuel and 
high-level radioactive waste under section 101(c), the Secretary's 
total acceptance rate for all spent nuclear fuel and high-level waste 
shall be a rate no less than the following as measured in metric tons 
uranium (MTU), assuming that each high-level waste canister contains 
0.5 MTU: 500 MTU in year 1, 700 MTU in year 2, 1,300 MTU in year 3, 
2,100 MTU in year 4, 3,100 MTU in year 5, 3,300 MTU in years 6, 7, and 
8, 3,400 MTU in years 9 through 24, and 3,900 MTU in year 25 and 
thereafter.
    (c) Other Acceptances.--Subject to the conditions contained in the 
license to receive and possess spent nuclear fuel and high-level 
radioactive waste issued under section 101(c), of the amounts provided 
for in paragraph (b) for each year, not less than one-sixth shall be--
            (1) spent nuclear fuel or civilian high-level radioactive 
        waste of domestic origin from civilian nuclear power reactors 
        that have permanently ceased operation on or before the date of 
        enactment of the Nuclear Waste Policy Act Amendments of 2000;
            (2) spent nuclear fuel from foreign research reactors, as 
        necessary to promote nonproliferation activities; and

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