42 U.S.C. § 10156 — Interim Storage Fund

Page 7998 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10156 3 See References in Text note below. (e) Limitations Any spent nuclear fuel stored under this sec- tion shall be removed from the storage site or facility involved as soon as practicable, but in any event not later than 3 years following the date on which a repository or monitored retriev- able storage facility developed under this chap- ter is available for disposal of such spent nu- clear fuel. (f) Report The Secretary shall annually prepare and sub- mit to the Congress a report on any plans of the Secretary for providing storage capacity under this section. Such report shall include a descrip- tion of the specific manner of providing such storage selected by the Secretary, if any. The Secretary shall prepare and submit the first such report not later than 1 year after January 7, 1983. (g) Criteria for determining adequacy of avail- able storage capacity Not later than 90 days after January 7, 1983, the Commission pursuant to section 553 of the Administrative Procedures Act [5 U.S.C. 553], shall propose, by rule, procedures and criteria for making the determination required by sub- section (b) that a person owning and operating a civilian nuclear power reactor cannot reason- ably provide adequate spent nuclear fuel storage capacity at the civilian nuclear power reactor site when needed to ensure the continued or- derly operation of such reactor. Such criteria shall ensure the maintenance of a full core re- serve storage capability at the site of such reac- tor unless the Commission determines that maintenance of such capability is not necessary for the continued orderly operation of such reac- tor. Such criteria shall identify the feasibility of reasonably providing such adequate spent nu- clear fuel storage capacity, taking into account economic, technical, regulatory, and public health and safety factors, through the use of high-density fuel storage racks, fuel rod com- paction, transshipment of spent nuclear fuel to another civilian nuclear power reactor within the same utility system, construction of addi- tional spent nuclear fuel pool capacity, or such other technologies as may be approved by the Commission. (h) Application Notwithstanding any other provision of law, nothing in this chapter shall be construed to en- courage, authorize, or require the private or Federal use, purchase, lease, or other acquisi- tion of any storage facility located away from the site of any civilian nuclear power reactor and not owned by the Federal Government on January 7, 1983. (i) Coordination with research and development program To the extent available, and consistent with the provisions of this section, the Secretary shall provide spent nuclear fuel for the research and development program authorized in section 10198 3 of this title from spent nuclear fuel re- ceived by the Secretary for storage under this section. Such spent nuclear fuel shall not be subject to the provisions of subsection (e). (Pub. L. 97–425, title I, § 135, Jan. 7, 1983, 96 Stat. 2232.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (a)(1)(A)(i), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Energy Reorganization Act of 1974, referred to in subsec. (a)(1)(A)(i), is Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. Section 10198 of this title, referred to in subsec. (i), was in the original a reference to section 217 of Pub. L. 97–425, which is classified to section 10197 of this title, and has been translated as section 10198 of this title as the probable intent of Congress in view of section 10198(c)(2) which directs the Secretary to provide spent nuclear fuel for the research and development program authorized by section 10198(c) of this title from spent nuclear fuel received by the Secretary for storage under section 10155 of this title. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (d)(5) and (f) of this section are listed as the 12th and 13th items on page 83), see section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance. § 10156. 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 per- sons who generate or own spent nuclear fuel re- sulting from civilian nuclear activities for the storage of such spent nuclear fuel in any storage capacity provided under this part: Provided, how- ever, That the Secretary shall not enter into contracts for spent nuclear fuel in amounts in excess of the available storage capacity speci- fied in section 10155(a) of this title. Those con- tracts shall provide that the Federal Govern- ment will (1) take title at the civilian nuclear power reactor site, to such amounts of spent nu- clear fuel from the civilian nuclear power reac- tor 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 proc- essing, storage, or disposal. Each such contract shall (A) provide for payment to the Secretary of fees determined in accordance with the provi- sions 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, Page 7999 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10156 1 So in original. Probably should be ‘‘jurisdictional’’. 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 calcula- tion 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 paragraph shall remain effective for a pe- riod of 12 months from the effective date as the charge for the cost of the interim storage of any spent nuclear fuel. The report of the Secretary shall specify the method and manner of collec- tion (including the rates and manner of pay- ment) and any legislative recommendations de- termined by the Secretary to be appropriate. (3) Fees for storage under this part shall be es- tablished on a nondiscriminatory basis. The fees to be paid by each person entering into a con- tract with the Secretary under this subsection shall be based upon an estimate of the pro rata costs of storage and related activities under this part with respect to such person, including the acquisition, construction, operation, and main- tenance of any facilities under this part. (4) The Secretary shall establish in writing criteria setting forth the terms and conditions under which such storage services shall be made available. (5) Except as provided in section 10157 of this title, nothing in this chapter or any other Act requires the Secretary, in carrying out the re- sponsibilities of this section, to obtain a license or permit to possess or own spent nuclear fuel. (b) Limitation No spent nuclear fuel generated or owned by any department of the United States referred to in section 101 or 102 of title 5 may be stored by the Secretary in any storage capacity provided under this part unless such department transfers to the Secretary, for deposit in the Interim Storage Fund, amounts equivalent to the fees that would be paid to the Secretary under the contracts referred to in this section if such spent nuclear fuel were generated by any other person. (c) Establishment of Interim Storage Fund There hereby is established in the Treasury of the United States a separate fund, to be known as the Interim Storage Fund. The Storage Fund shall consist of— (1) all receipts, proceeds, and recoveries real- ized by the Secretary under subsections (a), (b), and (e), which shall be deposited in the Storage Fund immediately upon their realiza- tion; (2) any appropriations made by the Congress to the Storage Fund; and (3) any unexpended balances available on January 7, 1983, for functions or activities nec- essary or incident to the interim storage of ci- vilian spent nuclear fuel, which shall auto- matically be transferred to the Storage Fund on such date. (d) Use of Storage Fund The Secretary may make expenditures from the Storage Fund, subject to subsection (e), for any purpose necessary or appropriate to the con- duct of the functions and activities of the Sec- retary, or the provision or anticipated provision of services, under this part, including— (1) the identification, development, licens- ing, construction, operation, decommis- sioning, and post-decommissioning mainte- nance and monitoring of any interim storage facility provided under this part; (2) the administrative cost of the interim storage program; (3) the costs associated with acquisition, de- sign, modification, replacement, operation, and construction of facilities at an interim storage site, consistent with the restrictions in section 10155 of this title; (4) the cost of transportation of spent nu- clear fuel; and (5) impact assistance as described in sub- section (e). (e) Impact assistance (1) Beginning the first fiscal year which com- mences after January 7, 1983, the Secretary shall make annual impact assistance payments to a State or appropriate unit of local government, or both, in order to mitigate social or economic impacts occasioned by the establishment and subsequent operation of any interim storage ca- pacity within the jurisdicational 1 boundaries of such government or governments and authorized under this part: Provided, however, That such im- pact assistance payments shall not exceed (A) ten per centum of the costs incurred in para- graphs (1) and (2), or (B) $15 per kilogram of spent fuel, whichever is less; (2) Payments made available to States and units of local government pursuant to this sec- tion shall be— (A) allocated in a fair and equitable manner with a priority to those States or units of local government suffering the most severe impacts; and (B) utilized by States or units of local gov- ernments only for (i) planning, (ii) construc- tion and maintenance of public services, (iii) provision of public services related to the pro- viding of such interim storage authorized under this subchapter, and (iv) compensation for loss of taxable property equivalent to that if the storage had been provided under private ownership. (3) Such payments shall be subject to such terms and conditions as the Secretary deter- mines necessary to ensure that the purposes of this subsection shall be achieved. The Secretary shall issue such regulations as may be necessary to carry out the provisions of this subsection. (4) Payments under this subsection shall be made available solely from the fees determined under subsection (a). (5) The Secretary is authorized to consult with States and appropriate units of local govern- ment in advance of commencement of establish- ment of storage capacity authorized under this part in an effort to determine the level of the payment such government would be eligible to receive pursuant to this subsection. (6) As used in this subsection, the term ‘‘unit of local government’’ means a county, parish, township, municipality, and shall include a bor- Page 8000 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10157 2 See References in Text note below. 1 So in original. No subsec. (b) has been enacted. ough existing in the State of Alaska on January 7, 1983, and any other unit of government below the State level which is a unit of general gov- ernment as determined by the Secretary. (f) Administration of Storage Fund (1) The Secretary of the Treasury shall hold the Storage Fund and, after consultation with the Secretary, annually report to the Congress on the financial condition and operations of the Storage Fund during the preceding fiscal year. (2) The Secretary shall submit the budget of the Storage Fund to the Office of Management 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 Storage Fund shall consist of estimates made by the Secretary of expendi- tures from the Storage 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 Storage 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 Stor- age Fund contains at any time amounts in ex- cess 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 Storage 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 Storage Fund, shall be exempt from annual apportionment under the provisions of subchapter II of chapter 15 of title 31. (5) If at any time the moneys available in the Storage Fund are insufficient to enable the Sec- retary to discharge his responsibilities under this part, the Secretary shall issue to the Sec- retary of the Treasury obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be agreed to by the Secretary and the Secretary of the Treasury. The total of such obligations shall not exceed amounts provided in appropria- tion Acts. Redemption of such obligations shall be made by the Secretary from moneys available in the Storage Fund. Such obligations shall bear interest at a rate determined by the Secretary of the Treasury, which shall be not less than a rate determined by taking into consideration the average market yield on outstanding mar- ketable obligations of the United States of com- parable maturities during the month preceding the issuance of the obligations under this para- graph. The Secretary of the Treasury shall pur- chase any issued obligations, and for such pur- pose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such Act 2 are ex- tended to include any purchase of such obliga- tions. The Secretary of the Treasury may at any time sell any of the obligations acquired by him under this paragraph. All redemptions, pur- chases, and sales by the Secretary of the Treas- ury of obligations under this paragraph shall be treated as public debt transactions of the United States. (6) Any appropriations made available to the Storage Fund for any purpose described in sub- section (d) shall be repaid into the general fund of the Treasury, together with interest from the date of availability of the appropriations until the date of repayment. Such interest shall be paid on the cumulative amount of appropria- tions available to the Storage Fund, less the av- erage undisbursed cash balance in the Storage Fund account during the fiscal year involved. The rate of such interest shall be determined by the Secretary of the Treasury taking into con- sideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States of comparable maturity. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so de- ferred shall themselves bear interest. (Pub. L. 97–425, title I, § 136, Jan. 7, 1983, 96 Stat. 2237.) Editorial Notes REFERENCES IN TEXT Such Act, referred to in subsec. (f)(5), probably means chapter 31 of Title 31, Money and Finance. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (f)(1) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 1st item on page 140 of House Document No. 103–7. § 10157. Transportation (a)(1) 1 Transportation of spent nuclear fuel under section 10156(a) of this title shall be sub- ject to licensing and regulation by the Commis- sion and by the Secretary of Transportation as provided for transportation of commercial spent nuclear fuel under existing law. (2) The Secretary, in providing for the trans- portation of spent nuclear fuel under this chap- ter, shall utilize by contract private industry to the fullest extent possible in each aspect of such transportation. The Secretary shall use direct Federal services for such transportation only upon a determination of the Secretary of Trans-