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42 U.S.C. § 10164 — Findings and purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) the persons owning and operating civilian nuclear power reactors have the primary responsibility for providing interim storage of spent nuclear fuel from such reactors, by maximizing, to the extent practical, the effective use of existing storage facilities at the site of each civilian nuclear power reactor, and by adding new onsite storage capacity in a timely manner where practical;
(2) the Federal Government has the responsibility to encourage and expedite the effective use of existing storage facilities and the addition of needed new storage capacity at the site of each civilian nuclear power reactor; and
(3) the Federal Government has the responsibility to provide, in accordance with the provisions of this part, not more than 1,900 metric tons of capacity for interim storage of spent nuclear fuel for civilian nuclear power reactors that cannot reasonably provide adequate storage capacity at the sites of such reactors when needed to assure the continued, orderly operation of such reactors.
**(b)** The purposes of this part are—
(1) to provide for the utilization of available spent nuclear fuel pools at the site of each civilian nuclear power reactor to the extent practical and the addition of new spent nuclear fuel storage capacity where practical at the site of such reactor; and
(2) to provide, in accordance with the provisions of this part, for the establishment of a federally owned and operated system for the interim storage of spent nuclear fuel at one or more facilities owned by the Federal Government with not more than 1,900 metric tons of capacity to prevent disruptions in the orderly operation of any civilian nuclear power reactor that cannot reasonably provide adequate spent nuclear fuel storage capacity at the sit
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10164
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Source file: Laws/federal/codes/united-states-code/title-42/section-10164-findings-and-purposes--d10c52676b.md
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Source location: Title 42, Chapter 108, § 10164; chapter-108-nuclear-waste-policy.md
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**(a)** The Congress finds that—
(1) the persons owning and operating civilian nuclear power reactors have the primary responsibility for providing interim storage of spent nuclear fuel from such reactors, by maximizing, to the extent practical, the effective use of existing storage facilities at the site of each civilian nuclear power reactor, and by adding new onsite storage capacity in a timely manner where practical;
(2) the Federal Government has the responsibility to encourage and expedite the effective use of existing storage facilities and the addition of needed new storage capacity at the site of each civilian nuclear power reactor; and
(3) the Federal Government has the responsibility to provide, in accordance with the provisions of this part, not more than 1,900 metric tons of capacity for interim storage of spent nuclear fuel for civilian nuclear power reactors that cannot reasonably provide adequate storage capacity at the sites of such reactors when needed to assure the continued, orderly operation of such reactors.
**(b)** The purposes of this part are—
(1) to provide for the utilization of available spent nuclear fuel pools at the site of each civilian nuclear power reactor to the extent practical and the addition of new spent nuclear fuel storage capacity where practical at the site of such reactor; and
(2) to provide, in accordance with the provisions of this part, for the establishment of a federally owned and operated system for the interim storage of spent nuclear fuel at one or more facilities owned by the Federal Government with not more than 1,900 metric tons of capacity to prevent disruptions in the orderly operation of any civilian nuclear power reactor that cannot reasonably provide adequate spent nuclear fuel storage capacity at the site of such reactor when needed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may select the site evaluated under [section 10164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10164&num=0&edition=prelim) that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter.
**(b) Limitation** The Secretary may not select a site under subsection (a) until the Secretary recommends to the President the approval of a site for development as a repository under [section 10134(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10134/a&num=0&edition=prelim).
**(c) Site specific activities** The Secretary may conduct such site specific activities at each site surveyed under [section 10164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10164&num=0&edition=prelim) as he determines may be necessary to support an application to the Commission for a license to construct a monitored retrievable storage facility at such site.
**(d) Environmental assessment** Site specific activities and selection of a site under this section shall not 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)). The Secretary shall prepare an environmental assessment with respect to such selection in accordance with regulations issued by the Secretary implementing such Act [[42 U.S.C. 4321](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10173b
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Federal law — U.S. Code and appendices · legal_authorities
Page 8003
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10164
storage facility as a part of a national nuclear
waste management system that achieves the
purposes of this chapter. In preparing the report
under this subparagraph, the MRS Commission
shall—
(i) review the status and adequacy of the
Secretary’s evaluation of the systems advan-
tages and disadvantages of bringing such a fa-
cility into the national nuclear waste disposal
system;
(ii) obtain comment and available data on
monitored retrievable storage from affected
parties, including States containing poten-
tially acceptable sites;
(iii) evaluate the utility of a monitored re-
trievable storage facility from a technical per-
spective; and
(iv) make a recommendation to Congress as
to whether such a facility should be included
in the national nuclear waste management
system in order to achieve the purposes of this
chapter, including meeting needs for pack-
aging and handling of spent nuclear fuel, im-
proving the flexibility of the repository devel-
opment schedule, and providing temporary
storage of spent nuclear fuel accepted for dis-
posal.
(2) In preparing the report and making its rec-
ommendation under paragraph (1) the MRS
Commission shall compare such a facility to the
alternative of at-reactor storage of spent nu-
clear fuel prior to disposal of such fuel in a re-
pository under this chapter. Such comparison
shall take into consideration the impact on—
(A) repository design and construction;
(B) waste package design, fabrication and
standardization;
(C) waste preparation;
(D) waste transportation systems;
(E) the reliability of the national system for
the disposal of radioactive waste;
(F) the ability of the Secretary to fulfill con-
tractual commitments of the Department
under thi
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10164
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