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42 U.S.C. § 10155 — Expedited authorizations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10155 — Expedited authorizations

**(a) Issuance of authorizations** (1) To the extent that the taking of any action related to the site characterization of a site or the construction or initial operation of a repository under this part requires a certificate, right-of-way, permit, lease, or other authorization from a Federal agency or officer, such agency or officer shall issue or grant any such authorization at the earliest practicable date, to the extent permitted by the applicable provisions of law administered by such agency or officer. All actions of a Federal agency or officer with respect to consideration of applications or requests for the issuance or grant of any such authorization shall be expedited, and any such application or request shall take precedence over any similar applications or requests not related to such repositories. (2) The provisions of paragraph (1) shall not apply to any certificate, right-of-way, permit, lease, or other authorization issued or granted by, or requested from, the Commission. **(b) Terms of authorizations** Any authorization issued or granted pursuant to subsection (a) shall include such terms and conditions as may be required by law, and may include terms and conditions permitted by law.

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Source file: Laws/federal/codes/united-states-code/title-42/section-10155-expedited-authorizations--8a392c44fe.md
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Source location: Title 42, Chapter 108, § 10155; chapter-108-nuclear-waste-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10168 — Storage of spent nuclear fuel

**(a) Storage capacity** (1) Subject to [section 10107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10107&num=0&edition=prelim), the Secretary shall provide, in accordance with paragraph (5), not more than 1,900 metric tons of capacity for the storage of spent nuclear fuel from civilian nuclear power reactors. Such storage capacity shall be provided through any one or more of the following methods, used in any combination determined by the Secretary to be appropriate: (A) use of available capacity at one or more facilities owned by the Federal Government on January 7, 1983, including the modification and expansion of any such facilities, if the Commission determines that such use will adequately protect the public health and safety, except that such use shall not— (i) render such facilities subject to licensing under the Atomic Energy Act of 1954 ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.) or the Energy Reorganization Act of 1974 ([42 U.S.C. 5801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5801&num=0&edition=prelim) et seq.); or (ii) except as provided in subsection (c) require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)), such 11 So in original. Probably should be preceded by “if”. facility is already being used, or has previously been used, for such storage or for any similar purpose.22 So in original. The period probably should be a semicolon. (B) acquisition of any modular or mo

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10169 — Interim Storage Fund

**(a) Contracts** (1) During the period following January 7, 1983, but not later than January 1, 1990, the Secretary is authorized to enter into contracts with persons who generate or own spent nuclear fuel resulting from civilian nuclear activities for the storage of such spent nuclear fuel in any storage capacity provided under this part: Provided, however, That the Secretary shall not enter into contracts for spent nuclear fuel in amounts in excess of the available storage capacity specified in [section 10155(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10155/a&num=0&edition=prelim). Those contracts shall provide that the Federal Government will (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, (2) transport the spent nuclear fuel to a federally owned and operated interim away-from-reactor storage facility, and (3) store such fuel in the facility pending further processing, storage, or disposal. Each such contract shall (A) provide for payment to the Secretary of fees determined in accordance with the provisions of this section; and (B) specify the amount of storage capacity to be provided for the person involved. (2) The Secretary shall undertake a study and, not later than 180 days after January 7, 1983, submit to the Congress a report, establishing payment charges that shall be calculated on an annual basis, commencing on or before January 1, 1984. Such payment charges and the calculation thereof shall be published in the Federal Register, and shall become effective not less than 30 days after publication. Each payment charge published in the Federal Register under this parag

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10223 — Research and development on spent nuclear fuel

**(a) Demonstration and cooperative programs** The Secretary shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Not later than 1 year after January 7, 1983, the Secretary shall select at least 1, but not more than 3, sites evaluated under [section 10194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10194&num=0&edition=prelim) at such power reactors. In selecting such site or sites, the Secretary shall give preference to civilian nuclear power reactors that will soon have a shortage of interim storage capacity for spent nuclear fuel. Subject to reaching agreement as provided in subsection (b), the Secretary shall undertake activities to assist such power reactors with demonstration projects at such sites, which may use one of the following types of alternate storage technologies: spent nuclear fuel storage casks, caissons, or silos. The Secretary shall also undertake a cooperative program with civilian nuclear power reactors to encourage the development of the technology for spent nuclear fuel rod consolidation in existing power reactor water storage basins. **(b) Cooperative agreements** To carry out the programs described in subsection (a), the Secretary shall enter into a cooperative agreement with each utility involved that specifies, at a minimum, that— (1) such utility shall select the alternate storage technique to be used, make the land and s

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10155 — Storage of spent nuclear fuel

Page 7995 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10155 1 So in original. Probably should be preceded by ‘‘if’’. 2 So in original. The period probably should be a semicolon. such issue results from any revision of siting or design criteria by the Commission fol- lowing such decision; and (II) the Commis- sion determines that such issue substan- tially affects the design, construction, or op- eration of the facility or activity for which such license application, authorization, or amendment is being considered. (3) The provisions of paragraph (2)(B) shall apply only with respect to licenses, authoriza- tions, or amendments to licenses or authoriza- tions, applied for under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before December 31, 2005. (4) The provisions of this section shall not apply to the first application for a license or li- cense amendment received by the Commission to expand onsite spent fuel storage capacity by the use of a new technology not previously ap- proved for use at any nuclear powerplant by the Commission. (c) Judicial review No court shall hold unlawful or set aside a de- cision of the Commission in any proceeding de- scribed in subsection (a) because of a failure by the Commission to use a particular procedure pursuant to this section unless— (1) an objection to the procedure used was presented to the Commission in a timely fash- ion or there are extraordinary circumstances that excuse the failure to present a timely ob- jection; and (2) the court finds that such failure has pre- cluded a fair consideration and informed reso- lution of a significant issue of the proceeding taken as a whole. (Pub. L. 97–425, title I, § 134, Jan. 7, 1983, 96 Stat. 2230.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act

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