42 U.S.C. § 16014 — Standby support for certain nuclear

Page 8758 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16014 1 So in original. Probably should be followed by ‘‘to’’. Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle B (§§ 621–639) of title VI of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 782, which enacted this part and sections 2015b, 2210c, and 5853 of this title, amended sections 2133, 2135, 2158, 2160d, 2201, 2210a, 2214, 2297h–8, and 5851 of this title, repealed section 2213 of this title, and enacted provisions set out as notes under sections 2158 and 2214 of this title. For complete classification of this subtitle to the Code, see Tables. § 16014. Standby support for certain nuclear plant delays (a) Definitions In this section: (1) Advanced nuclear facility The term ‘‘advanced nuclear facility’’ means any nuclear facility the reactor design for which is approved after December 31, 1993, by the Commission (and such design or a substan- tially similar design of comparable capacity was not approved on or before that date). (2) Combined license The term ‘‘combined license’’ means a com- bined construction and operating license for an advanced nuclear facility issued by the Commission. (3) Commission The term ‘‘Commission’’ means the Nuclear Regulatory Commission. (4) Sponsor The term ‘‘sponsor’’ means a person who has applied for or been granted a combined license. (b) Contract authority (1) In general The Secretary may enter into contracts under this section with sponsors of an ad- vanced nuclear facility that cover a total of 6 reactors, with the 6 reactors consisting of not more than 3 different reactor designs, in ac- cordance with paragraph (2). (2) Requirement for contracts (A) Definition of loan cost In this paragraph, the term ‘‘loan cost’’ has the meaning given the term ‘‘cost of a loan guarantee’’ under section 661a(5)(C) of title 2. (B) Establishment of accounts There is established in the Department 2 separate accounts, which shall be known as the— (i) ‘‘Standby Support Program Account’’; and (ii) ‘‘Standby Support Grant Account’’. (C) Requirement The Secretary shall not enter into a con- tract under this section unless the Secretary deposits— (i) in the Standby Support Program Ac- count established under subparagraph (B), funds appropriated to the Secretary in ad- vance of the contract or a combination of appropriated funds and loan guarantee fees that are in an amount sufficient to cover the loan costs described in subsection (d)(5)(A); and (ii) in the Standby Support Grant Ac- count established under subparagraph (B), funds appropriated to the Secretary in ad- vance of the contract, paid to the Sec- retary by the sponsor of the advanced nu- clear facility, or a combination of appro- priations and payments that are in an amount sufficient 1 cover the costs de- scribed in subparagraphs (B), (C), and (D) of subsection (d)(5). (c) Covered delays (1) Inclusions Under each contract authorized by this sec- tion, the Secretary shall pay the costs speci- fied in subsection (d), using funds appropriated or collected for the covered costs, if full power operation of the advanced nuclear facility is delayed by— (A) the failure of the Commission to com- ply with schedules for review and approval of inspections, tests, analyses, and accept- ance criteria established under the combined license or the conduct of preoperational hearings by the Commission for the ad- vanced nuclear facility; or (B) litigation that delays the commence- ment of full-power operations of the ad- vanced nuclear facility. (2) Exclusions The Secretary may not enter into any con- tract under this section that would obligate the Secretary to pay any costs resulting from— (A) the failure of the sponsor to take any action required by law or regulation; (B) events within the control of the spon- sor; or (C) normal business risks. (d) Covered costs (1) In general Subject to paragraphs (2), (3), and (4), the costs that shall be paid by the Secretary pur- suant to a contract entered into under this section are the costs that result from a delay covered by the contract. (2) Initial 2 reactors In the case of the first 2 reactors that re- ceive combined licenses and on which con- struction is commenced, the Secretary shall pay— (A) 100 percent of the covered costs of delay; but (B) not more than $500,000,000 per contract. (3) Subsequent 4 reactors In the case of the next 4 reactors that re- ceive a combined license and on which con- struction is commenced, the Secretary shall pay— (A) 50 percent of the covered costs of delay that occur after the initial 180-day period of covered delay; but (B) not more than $250,000,000 per contract. Page 8759 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16022 1 See References in Text note below. (4) Conditions on payment of certain covered costs (A) In general The obligation of the Secretary to pay the covered costs described in subparagraph (B) of paragraph (5) is subject to the Secretary receiving from appropriations or payments from other non-Federal sources amounts suf- ficient to pay the covered costs. (B) Non-Federal sources The Secretary may receive and accept pay- ments from any non-Federal source, which shall be made available without further ap- propriation for the payment of the covered costs. (5) Types of covered costs Subject to paragraphs (2), (3), and (4), the contract entered into under this section for an advanced nuclear facility shall include as cov- ered costs those costs that result from a delay during construction and in gaining approval for fuel loading and full-power operation, in- cluding— (A) principal or interest on any debt obli- gation of an advanced nuclear facility owned by a non-Federal entity; and (B) the incremental difference between— (i) the fair market price of power pur- chased to meet the contractual supply agreements that would have been met by the advanced nuclear facility but for the delay; and (ii) the contractual price of power from the advanced nuclear facility subject to the delay. (e) Requirements Any contract between a sponsor and the Sec- retary covering an advanced nuclear facility under this section shall require the sponsor to use due diligence to shorten, and to end, the delay covered by the contract. (f) Reports For each advanced nuclear facility that is cov- ered by a contract under this section, the Com- mission shall submit to Congress and the Sec- retary quarterly reports summarizing the status of licensing actions associated with the ad- vanced nuclear facility. (g) Regulations (1) In general Subject to paragraphs (2) and (3), the Sec- retary shall issue such regulations as are nec- essary to carry out this section. (2) Interim final rulemaking Not later than 270 days after August 8, 2005, the Secretary shall issue for public comment an interim final rule regulating contracts au- thorized by this section. (3) Notice of final rulemaking Not later than 1 year after August 8, 2005, the Secretary shall issue a notice of final rule- making regulating the contracts. (h) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 109–58, title VI, § 638, Aug. 8, 2005, 119 Stat. 791.) PART B—NEXT GENERATION NUCLEAR PLANT PROJECT § 16021. Project establishment (a) Establishment The Secretary shall establish a project to be known as the ‘‘Next Generation Nuclear Plant Project’’ (referred to in this part as the ‘‘Project’’). (b) Content The Project shall consist of the research, de- velopment, design, construction, and operation of a prototype plant, including a nuclear reactor that— (1) is based on research and development ac- tivities supported by the Generation IV Nu- clear Energy Systems Initiative under section 16272(c) 1 of this title; and (2) shall be used— (A) to generate electricity; (B) to produce hydrogen; or (C) both to generate electricity and to produce hydrogen. (Pub. L. 109–58, title VI, § 641, Aug. 8, 2005, 119 Stat. 794; Pub. L. 115–248, § 2(b)(2), Sept. 28, 2018, 132 Stat. 3155.) Editorial Notes REFERENCES IN TEXT Section 16272 of this title, referred to in subsec. (b)(1), was amended generally by Pub. L. 116–260, div. Z, title II, § 2003(a), Dec. 27, 2020, 134 Stat. 2459 and, as amended, section 16272(c) of this title no longer refers to the Gen- eration IV Nuclear Energy Systems Initiative. AMENDMENTS 2018—Pub. L. 115–248 substituted ‘‘section 16272(c)’’ for ‘‘section 16272(d)’’, which had been an editorial trans- lation of a reference in original text to section 942(d) of Pub. L. 109–58. § 16022. Project management (a) Departmental management (1) In general The Project shall be managed in the Depart- ment by the Office of Nuclear Energy, Science, and Technology. (2) Generation IV Nuclear Energy Systems pro- gram The Secretary may combine the Project with the Generation IV Nuclear Energy Sys- tems Initiative. (3) Existing DOE project management exper- tise The Secretary may utilize capabilities for review of construction projects for advanced scientific facilities within the Office of Science to track the progress of the Project. (b) Laboratory management (1) Lead Laboratory The Idaho National Laboratory shall be the lead National Laboratory for the Project and