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42 U.S.C. § 10223 — Research and development on spent nuclear fuel
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 42, Chapter 108, § 10223; chapter-108-nuclear-waste-policy.md
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**(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 spent nuclear fuel available for the dry storage demonstration, submit and provide site-specific documentation for a license application to the Commission, obtain a license relating to the facility involved, construct such facility, operate such facility after licensing, pay the costs required to construct such facility, and pay all costs associated with the operation and maintenance of such facility;
(2) the Secretary shall provide, on a cost-sharing basis, consultative and technical assistance, including design support and generic licensing documentation, to assist such utility in obtaining the construction authorization and appropriate license from the Commission; and
(3) the Secretary shall provide generic research and development of alternative spent nuclear fuel storage techniques to enhance utility-provided, at-reactor storage capabilities, if authorized in any other provision of this chapter or in any other provision of law.
**(c) Dry storage research and development**
(1) The consultative and technical assistance referred to in subsection (b)(2) may include, but shall not be limited to, the establishment of a research and development program for the dry storage of not more than 300 metric tons of spent nuclear fuel at facilities owned by the Federal Government on January 7, 1983. The purpose of such program shall be to collect necessary data to assist the utilities involved in the licensing process.
(2) To the extent available, and consistent with the provisions of [section 10155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10155&num=0&edition=prelim), the Secretary shall provide spent nuclear fuel for the research and development program authorized in this subsection from spent nuclear fuel received by the Secretary for storage under [section 10155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10155&num=0&edition=prelim). Such spent nuclear fuel shall not be subject to the provisions of [section 10155(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10155/e&num=0&edition=prelim).
**(d) Funding** The total contribution from the Secretary from Federal funds and the use of Federal facilities or services shall not exceed 25 percent of the total costs of the demonstration program authorized in subsection (a), as estimated by the Secretary. All remaining costs of such program shall be paid by the utilities involved or shall be provided by the Secretary from the Interim Storage Fund established in [section 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10156&num=0&edition=prelim).
**(e) Relation to spent nuclear fuel storage program** The spent nuclear fuel storage program authorized in [section 10155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10155&num=0&edition=prelim) shall not be construed to authorize the use of research development or demonstration facilities owned by the Department unless—
(1) a period of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) has passed after the Secretary has transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a written report containing a full and complete statement concerning (A) the facility involved; (B) any necessary modifications; (C) the cost thereof; and (D) the impact on the authorized research and development program; or
(2) each such committee, before the expiration of such period, has transmitted to the Secretary a written notice to the effect that such committee has no objection to the proposed use of such facility.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10155
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) In addition to the benefits to which a State, an affected unit of local government or Indian tribe is entitled under this subchapter, the Secretary shall make payments to a State or Indian tribe that is a party to a benefits agreement under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim) in accordance with the following schedule: BENEFITS SCHEDULE (amounts in $ millions) EventMRSRepository (A) Annual payments prior to first spent fuel receipt 510 (B) Upon first spent fuel receipt1020 (C) Annual payments after first spent fuel receipt until closure of the facility1020
(2) For purposes of this section, the term—
(A) “MRS” means a monitored retrievable storage facility,
(B) “spent fuel” means high-level radioactive waste or spent nuclear fuel, and
(C) “first spent fuel receipt” does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration.
(3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under paragraph (1)(C) shall be made on the anniversary date of such first spent fuel receipt.
(4) If the first spent fuel payment under paragraph (1)(B) is made within six months after the last annual payment prior to the receipt of spent fuel under paragraph (1)(A), such first spent fuel payment under paragraph (1)(B) shall be reduced by an amount equal to one-twelfth of such annual payment under paragraph (1)(A) for each full month less than six that has not elapsed since the la
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10194
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental Protection Agency standards** Not later than 1 year after January 7, 1983, the Administrator, pursuant to authority under other provisions of law, shall, by rule, promulgate generally applicable standards for protection of the general environment from offsite releases from radioactive material in repositories.
**(b) Commission requirements and criteria**
(1)
(A) Not later than January 1, 1984, the Commission, pursuant to authority under other provisions of law, shall, by rule, promulgate technical requirements and criteria that it will apply, 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.) and 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.), in approving or disapproving—
(i) applications for authorization to construct repositories;
(ii) applications for licenses to receive and possess spent nuclear fuel and high-level radioactive waste in such repositories; and
(iii) applications for authorization for closure and decommissioning of such repositories.
(B) Such criteria shall provide for the use of a system of multiple barriers in the design of the repository and shall include such restrictions on the retrievability of the solidified high-level radioactive waste and spent fuel emplaced in the repository as the Commission deems appropriate.
(C) Such requirements and criteria shall not be inconsistent with any comparable standards promulgated by the Administrator under subsection (a).
(2) For purposes of this chapter, nothing in this section shall be construed to prohibit the Commission from pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10156
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Federal law — U.S. Code and appendices · legal_authorities
Page 8020
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10223
and Budget triennially along with the budget of
the Department of Energy submitted at such
time in accordance with chapter 11 of title 31.
The budget of the Waste Fund shall consist of
the estimates made by the Secretary of expendi-
tures from the Waste Fund and other relevant
financial matters for the succeeding 3 fiscal
years, and shall be included in the Budget of the
United States Government. The Secretary may
make expenditures from the Waste Fund, sub-
ject to appropriations which shall remain avail-
able until expended. Appropriations shall be sub-
ject to triennial authorization.
(3) If the Secretary determines that the Waste
Fund contains at any time amounts in excess of
current needs, the Secretary may request the
Secretary of the Treasury to invest such
amounts, or any portion of such amounts as the
Secretary determines to be appropriate, in obli-
gations of the United States—
(A) having maturities determined by the
Secretary of the Treasury to be appropriate to
the needs of the Waste Fund; and
(B) bearing interest at rates determined to
be appropriate by the Secretary of the Treas-
ury, taking into consideration the current av-
erage market yield on outstanding marketable
obligations of the United States with remain-
ing periods to maturity comparable to the ma-
turities of such investments, except that the
interest rate on such investments shall not ex-
ceed the average interest rate applicable to ex-
isting borrowings.
(4) Receipts, proceeds, and recoveries realized
by the Secretary under this section, and expend-
itures of amounts from the Waste Fund, shall be
exempt from annual apportionment under the
provisions of subchapter II of chapter 15 of title
31.
(5) If at any time
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10223
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