S.1320 - Nuclear Fuel Storage Improvement Act of 2011
A bill to require the Secretary of Energy to offer to enter into temporary used fuel storage facility agreements.
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SECTION 1. SHORT TITLE.
SEC. 2. DEFINITIONS.
SEC. 3. INCENTIVES FOR SITING OF TEMPORARY USED FUEL STORAGE FACILITIES.
(2) FIRST USED FUEL RECEIPT- The term ‘first used fuel receipt’ means the receipt of used fuel by a temporary used fuel storage facility at a site within the jurisdiction of a unit of local government that is a party to an agreement.CommentsClose CommentsPermalink
(3) NUCLEAR WASTE FUND- The term ‘Nuclear Waste Fund’ means the Nuclear Waste Fund established under section 302 of the Nuclear Waste Policy Act of 1982 (
(4) UNIT OF LOCAL GOVERNMENT- The term ‘unit of local government’ means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State, or association of 2 or more political subdivisions of a State.CommentsClose CommentsPermalink
(5) USED FUEL- The term ‘used fuel’ means nuclear fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.CommentsClose CommentsPermalink
(c) Notice From Units of Local Government to Secretary- Not later than January 1, 2013, representatives of a unit of local government, with the written approval of the Governor of the State in which the jurisdiction of the local government is located, may submit to the Secretary written notice that the unit of local government is willing to have a privately owned and operated temporary used fuel storage facility located at an identified site within the jurisdiction of the unit of local government.CommentsClose CommentsPermalink
(2) MULTIPLE NOTICES- If more than 3 notices are received under subsection (c), the Secretary shall make payments to the first 3 units of local government, based on the order in which the notices are received.CommentsClose CommentsPermalink
(1) IN GENERAL- On the docketing of an application for a license for a temporary used fuel storage facility, in accordance with part 72 of title 10, Code of Federal Regulations, at a site within the jurisdiction of a unit of local government by the Commission, the Secretary shall offer to enter into a temporary used fuel storage facility economic impact agreement with the unit of local government.CommentsClose CommentsPermalink
(2) TERMS AND CONDITIONS- An agreement between the Secretary and a unit of local government under this subsection shall contain such terms and conditions (including such financial and institutional arrangements) as the Secretary and the unit of local government determine to be reasonable and appropriate.CommentsClose CommentsPermalink
(4) TERMINATION- The Secretary shall terminate an agreement if the Secretary determines that any major element of the temporary used fuel storage facility required under the agreement will not be completed.CommentsClose CommentsPermalink
(A) IN GENERAL- If the Secretary enters into an agreement under this subsection, the Secretary shall make to the unit of local government and the State in which the unit of local government is located--CommentsClose CommentsPermalink
(II) during the period beginning on the date of entering into an agreement and ending on the date of first used fuel receipt or denial of the license application for a temporary used fuel storage facility by the Commission, whichever is later, $10,000,000 for each year; andCommentsClose CommentsPermalink
(i) in the case of annual payments described in subparagraph (A)(i)(II), on the anniversary of the date of the docketing of the license application by the Commission; andCommentsClose CommentsPermalink
(ii) in the case of annual payments described in subparagraph (A)(i)(III), on the date of the first used fuel receipt and thereafter on the anniversary date of the first used fuel receipt, in lieu of annual payments described in subparagraph (A)(i)(II).CommentsClose CommentsPermalink
SEC. 4. ACCEPTANCE, STORAGE, AND SETTLEMENT OF CLAIMS.
(a) In General- The Secretary shall offer to enter into a long-term contract for the storage of used fuel from civilian nuclear power plants with a private entity that owns or operates an independent used fuel storage facility licensed by the Commission that is located within the jurisdiction of a unit of local government to which payments are made pursuant to section 3(e).CommentsClose CommentsPermalink
(1) IN GENERAL- At the request of a party to a contract under section 302(a) of the Nuclear Waste Policy Act of 1982 (
(A) shall contain such terms and conditions (including such financial and institutional arrangements) as the Secretary and the party to the contract determine to be reasonable and appropriate; andCommentsClose CommentsPermalink
(B) may include the acceptance of used fuel from the party to the contract for storage at a facility with respect to which the Secretary has a long-term contract under subsection (a).CommentsClose CommentsPermalink
(1) IN GENERAL- If a request for fuel acceptance is made under this section by a facility that has produced used nuclear fuel and that is shut down permanently and the facility has been decommissioned, the Secretary shall provide priority for the acceptance of the fuel produced by the facility.CommentsClose CommentsPermalink
(2) SCHEDULE- Spent nuclear fuel and high-level radioactive waste generated by a facility in existence as of the date of enactment of this Act shall be offered a schedule in accordance with the priority established pursuant to Article IV.b.5 of the contract entitled ‘Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste’, as specified in section 961.11 of title 10, Code of Federal Regulations.CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall procure all systems and components necessary to transport used fuel from facilities designated by contract holders to 1 or more storage facilities under this section.CommentsClose CommentsPermalink