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Code · BILL · 116th Congress · H.R. 4447 (Engrossed in House) — To establish an energy storage and microgrid grant and technical assistance program. · Sec. 4101

Sec. 4101. Program

943 words·~4 min read·/bill/116/hr/4447/eh/section-4101·

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The Secretary shall establish and carry out, through the Office of Nuclear Energy, a program to support the availability of HA–LEU for civilian domestic demonstration and commercial use. In carrying out the program under subsection (a), the Secretary— shall develop, in consultation with the Commission, criticality benchmark data to assist the Commission in— the licensing and regulation of category II spent nuclear material fuel fabrication and enrichment facilities under part 70 of title 10, Code of Federal Regulations; and certification of transportation packages under part 71 of title 10, Code of Federal Regulations; may conduct research and development, and provide financial assistance to assist commercial entities, to design and license transportation packages for HA–LEU, including canisters for metal, gas, and other HA–LEU compositions; shall, to the extent practicable— by January 1, 2024, have commercial entities submit such transportation package designs to the Commission for certification by the Commission under part 71 of title 10, Code of Federal Regulations; and encourage the Commission to have such transportation package designs so certified by the Commission by January 1, 2026; shall consider options for acquiring or providing HA–LEU from a stockpile of uranium owned by the Department, or using enrichment technology, to make available to members of the consortium established pursuant to paragraph
(6)for commercial use or demonstration projects, taking into account cost and amount of time required, and prioritizing methods that would produce usable HA–LEU the quickest, including options for acquiring or providing HA–LEU— that— directly meets the needs of an end user; and has been previously used or fabricated for another purpose; that meets the needs of an end user after having radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department removed; that is produced from high-enriched uranium that is blended with lower assay uranium to become HA–LEU to meet the needs of an end user; that is produced by United States or foreign-owned commercial entities; or that does not require extraction of uranium or development of uranium from lands managed by the Federal Government, cause harm to the natural or cultural resources of Tribal communities or sovereign Native Nations, or result in degraded ground or surface water quality on publicly managed or privately owned lands; not later than 1 year after the date of enactment of this Act, and biennially thereafter, shall conduct a survey of stakeholders to estimate the quantity of HA–LEU necessary for domestic commercial use for each of the 5 subsequent years; shall establish a consortium, which may include entities involved in any stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA–LEU for civilian domestic demonstration and commercial use, including by— providing information to the Secretary for purposes of surveys conducted under paragraph (5); purchasing HA–LEU made available to members of the consortium by the Secretary under the program; and carrying out demonstration projects using HA–LEU awarded by the Secretary under the program; shall, prior to acquiring or providing HA–LEU under paragraph (8), in coordination with the consortium established pursuant to paragraph (6), develop a schedule for cost recovery of HA–LEU made available to members of the consortium using HA–LEU for commercial use pursuant to paragraph (8); shall, beginning not later than 3 years after the establishment of a consortium under paragraph (6), have the capability to acquire or provide HA–LEU, in order to make such HA–LEU available to members of the consortium beginning not later than January 1, 2026, in amounts that are consistent, to the extent practicable, with— the quantities estimated under the surveys conducted under paragraph (5); plus the quantities necessary for demonstration projects carried out under the program, as determined by the Secretary; and shall, for advanced reactor demonstration projects, determine awardees of HA–LEU under this subtitle through a merit-based, competitive selection process. The requirements of subparagraphs
(A)and
(C)of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) ) shall apply to a sale or transfer of HA–LEU for commercial use by the Secretary to a member of the consortium under this section. HA–LEU made available to members of the consortium established pursuant to subsection (b)(6) for demonstration projects shall remain the property of the Department, which shall be responsible for the storage, use, and disposition of all radioactive waste created by the irradiation, processing, or purification of such uranium, and shall not be treated as a sale or transfer of uranium subject to sections 3112 and 3113 of the USEC Privatization Act ( 42 U.S.C. 2297h–10 ; 42 U.S.C. 2297h–11 ). The Secretary may not make commitments under this section (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HA–LEU unless funds are specifically provided for such purposes in advance in subsequent appropriations Acts, and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made. The authority of the Secretary to carry out the program under this section shall expire on the earlier of— September 30, 2034; or 90 days after the date on which HA–LEU is available to provide a reliable and adequate supply for civilian domestic advanced nuclear reactors in the commercial market. The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to the final disposition of radioactive waste from uranium that is made available under this section.
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  • 42 USC 2297h–10(d)(2)
  • 42 USC 2297h–10
  • 42 USC 2297h–11
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cites case law
Sec. 4101
Program
Cite42 USC 2297h–10(d)(2)
Cite42 USC 2297h–10
Cite42 USC 2297h–11
Cites 3Cited by 0 across 0 sources
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