S 861 ISCommentsClose CommentsPermalink

To amend the Nuclear Waste Policy Act of 1982 to require the President to certify that the Yucca Mountain site remains the designated site for the development of a repository for the disposal of high-level radioactive waste, and for other purposes.CommentsClose CommentsPermalink

April 22, 2009CommentsClose CommentsPermalink

Mr. GRAHAM (for himself, Mr. MCCAIN, Ms. COLLINS, Mr. MARTINEZ, Mr. DEMINT, Mr. CHAMBLISS, Mr. ISAKSON, Mr. BURR, and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To amend the Nuclear Waste Policy Act of 1982 to require the President to certify that the Yucca Mountain site remains the designated site for the development of a repository for the disposal of high-level radioactive waste, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Rebating America’s Deposits Act’.CommentsClose CommentsPermalink

SEC. 2. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN.

(a) In General- Subtitle E of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN SITE.

‘(a) Definition of Defense Waste- In this section, the term ‘defense waste’ means--CommentsClose CommentsPermalink





‘(1) transuranic waste;CommentsClose CommentsPermalink





‘(2) high-level radioactive waste;CommentsClose CommentsPermalink





‘(3) spent nuclear fuel;CommentsClose CommentsPermalink





‘(4) special nuclear materials;CommentsClose CommentsPermalink





‘(5) greater-than-class C, low-level radioactive waste; andCommentsClose CommentsPermalink





‘(6) any other waste arising from the production, storage, or maintenance of nuclear weapons (including components of nuclear weapons).CommentsClose CommentsPermalink





‘(b) Certification of Commitment- Not later than 30 days after the date of enactment of this section, the President shall publish in the Federal Register a notice that the President certifies that the Yucca Mountain site is the selected site for the development of a repository for the disposal of high-level radioactive waste and spent nuclear fuel, in accordance with section 160.CommentsClose CommentsPermalink





‘(c) Failure To Publish Certification; Revocation of Certification- If the President fails to publish the certification of the President in accordance with subsection (b), or if the President revokes the certification of the President after the date described in that subsection, not later than 1 year after the date described in subsection (b), or the date of revocation, as appropriate, and in accordance with subsection (d)--CommentsClose CommentsPermalink





‘(1) each entity that is required under section 302 to make a payment to the Secretary shall not be required to make any additional payment; andCommentsClose CommentsPermalink





‘(2) each entity that has made a payment under section 302 shall receive from the Secretary of the Treasury, from amounts available in the Nuclear Waste Fund, an amount equal to the aggregate amount of the payments made by the entity (including interest on the aggregate amount of the payments) to the Secretary for deposit in the Nuclear Waste Fund.CommentsClose CommentsPermalink





‘(d) Use of Returned Payments-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), of the aggregate amount of payments returned to an entity described in subsection (c)(2)--CommentsClose CommentsPermalink





‘(A) 75 percent shall be used by the entity to provide rebates to ratepayers of the entity; andCommentsClose CommentsPermalink





‘(B) 25 percent shall be used by the entity to carry out upgrades to nuclear power facilities of the entity to enhance the storage and security of materials used to generate nuclear power.CommentsClose CommentsPermalink





‘(2) DEFENSE WASTE- In the case of a payment required to be paid to an entity for the storage of defense waste, the Secretary shall use the amount required to be paid to the entity to meet the penalty payment obligation of the Secretary under subsection (e)(2) to the State in which the entity is located.CommentsClose CommentsPermalink





‘(e) Disposition of Defense Waste-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than January 1, 2017, the Secretary shall initiate the transportation of defense waste from each State in which defense waste is located to the Yucca Mountain site.CommentsClose CommentsPermalink





‘(2) PENALTY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), if the Secretary fails to initiate the transportation of defense waste in accordance with paragraph (1), the Secretary shall pay to each State in which defense waste is located $1,000,000 for each day that the defense waste is located in the State until the date on which the Secretary initiates the transportation of the defense waste under paragraph (1).CommentsClose CommentsPermalink





‘(B) MAXIMUM AMOUNT- Subject to subsection (c)(2), for each calendar year, the Secretary shall not pay to any State described in subparagraph (A) an amount greater than $100,000,000.CommentsClose CommentsPermalink





‘(C) REQUIRED USE OF PAYMENTS- A State that receives amounts through a payment from the Secretary under this paragraph shall use the amounts--CommentsClose CommentsPermalink





‘(i) to help offset the loss in community investments that results from the continued storage of defense waste in the State; andCommentsClose CommentsPermalink





‘(ii) to help mitigate the public health risks that result from the continued storage of defense waste in the State.CommentsClose CommentsPermalink





‘(f) Determination by Commission To Grant or Amend Licenses- In determining whether to grant or amend any license to operate any civilian nuclear power reactor, or high-level radioactive waste or spent fuel storage or treatment facility, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the responsibilities of the President and the Secretary described in this subtitle shall be considered to be sufficient and independent grounds for the Commission to determine the existence of reasonable assurances that spent nuclear fuel and high-level radioactive waste would be disposed of safely and in a timely manner by the entity that is the subject of the determination.CommentsClose CommentsPermalink





‘(g) Effects-CommentsClose CommentsPermalink





‘(1) TERMINATION OF PAYMENT REQUIREMENT; ACCEPTANCE OF RETURNED PAYMENTS- With respect to an entity that receives a benefit under paragraph (1) or (2) of subsection (c)--CommentsClose CommentsPermalink





‘(A) the entity shall not be considered by the Commission to be in violation under section 302(b); andCommentsClose CommentsPermalink





‘(B) the Commission shall not refuse to take any action with respect to a current or prospective license of the entity on the grounds that the entity has cancelled or rescinded a contract to which the entity is a party as the result of--CommentsClose CommentsPermalink





‘(i) the failure by the entity to make a payment to the Secretary under section 302; orCommentsClose CommentsPermalink





‘(ii) the acceptance by the entity of amounts described in subsection (c)(2).CommentsClose CommentsPermalink





‘(2) DISPOSITION OF WASTE- Nothing in this section affects the responsibility of the Federal Government under any Act (including regulations) with respect to the ultimate disposition of high-level radioactive waste and spent nuclear fuel.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents of the Nuclear Waste Policy Act of 1982 (42 U.S.C. prec. 10101) is amended by adding at the end of the items relating to subtitle E of title I the following:CommentsClose CommentsPermalink





‘Sec. 162. Certification of commitment to Yucca Mountain site.’.CommentsClose CommentsPermalink