42 U.S.C. § 16023 — Project organization

Page 8760 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16023 shall collaborate with other National Labora- tories, institutions of higher education, other research institutes, industrial researchers, and international researchers to carry out the Project. (2) Industrial partnerships (A) In general The Idaho National Laboratory shall orga- nize a consortium of appropriate industrial partners that will carry out cost-shared re- search, development, design, and construc- tion activities, and operate research facili- ties, on behalf of the Project. (B) Cost-sharing Activities of industrial partners funded by the Project shall be cost-shared in accord- ance with section 16352 of this title. (C) Preference Preference in determining the final struc- ture of the consortium or any partnerships under this part shall be given to a structure (including designating as a lead industrial partner an entity incorporated in the United States) that retains United States techno- logical leadership in the Project while maxi- mizing cost sharing opportunities and mini- mizing Federal funding responsibilities. (3) Prototype plant siting The prototype nuclear reactor and associ- ated plant shall be sited at the Idaho National Laboratory in Idaho. (4) Reactor test capabilities The Project shall use, if appropriate, reactor test capabilities at the Idaho National Labora- tory. (5) Other Laboratory capabilities The Project may use, if appropriate, facili- ties at other National Laboratories. (Pub. L. 109–58, title VI, § 642, Aug. 8, 2005, 119 Stat. 795.) § 16023. Project organization (a) Major project elements The Project shall consist of the following major program elements: (1) High-temperature hydrogen production technology development and validation. (2) Energy conversion technology develop- ment and validation. (3) Nuclear fuel development, characteriza- tion, and qualification. (4) Materials selection, development, test- ing, and qualification. (5) Reactor and balance-of-plant design, en- gineering, safety analysis, and qualification. (b) Project phases The Project shall be conducted in the fol- lowing phases: (1) First project phase A first project phase shall be conducted to— (A) select and validate the appropriate technology under subsection (a)(1); (B) carry out enabling research, develop- ment, and demonstration activities on tech- nologies and components under paragraphs (2) through (4) of subsection (a); (C) determine whether it is appropriate to combine electricity generation and hydrogen production in a single prototype nuclear re- actor and plant; and (D) carry out initial design activities for a prototype nuclear reactor and plant, includ- ing development of design methods and safe- ty analytical methods and studies under sub- section (a)(5). (2) Second project phase A second project phase shall be conducted to— (A) continue appropriate activities under paragraphs (1) through (5) of subsection (a); (B) develop, through a competitive proc- ess, a final design for the prototype nuclear reactor and plant; (C) apply for licenses to construct and op- erate the prototype nuclear reactor from the Nuclear Regulatory Commission; and (D) construct and start up operations of the prototype nuclear reactor and its associ- ated hydrogen or electricity production fa- cilities. (c) Project requirements (1) In general The Secretary shall ensure that the Project is structured so as to maximize the technical interchange and transfer of technologies and ideas into the Project from other sources of relevant expertise, including— (A) the nuclear power industry, including nuclear powerplant construction firms, par- ticularly with respect to issues associated with plant design, construction, and oper- ational and safety issues; (B) the chemical processing industry, par- ticularly with respect to issues relating to— (i) the use of process energy for produc- tion of hydrogen; and (ii) the integration of technologies devel- oped by the Project into chemical proc- essing environments; and (C) international efforts in areas related to the Project, particularly with respect to hy- drogen production technologies. (2) International collaboration (A) In general The Secretary shall seek international co- operation, participation, and financial con- tributions for the Project. (B) Assistance from international partners The Secretary, through the Idaho National Laboratory, may contract for assistance from specialists or facilities from member countries of the Generation IV International Forum, the Russian Federation, or other international partners if the specialists or facilities provide access to cost-effective and relevant skills or test capabilities. (C) Partner nations The Project may involve demonstration of selected project objectives in a partner coun- try. (D) Generation IV International Forum The Secretary shall ensure that inter- national activities of the Project are coordi- Page 8761 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16025 nated with the Generation IV International Forum. (3) Review by Nuclear Energy Research Advi- sory Committee (A) In general The Nuclear Energy Research Advisory Committee of the Department (referred to in this paragraph as the ‘‘NERAC’’) shall— (i) review all program plans for the Project and all progress under the Project on an ongoing basis; and (ii) ensure that important scientific, technical, safety, and program manage- ment issues receive attention in the Project and by the Secretary. (B) Additional expertise The NERAC shall supplement the exper- tise of the NERAC or appoint subpanels to incorporate into the review by the NERAC the relevant sources of expertise described under paragraph (1). (C) Initial review Not later than 180 days after August 8, 2005, the NERAC shall— (i) review existing program plans for the Project in light of the recommendations of the document entitled ‘‘Design Features and Technology Uncertainties for the Next Generation Nuclear Plant,’’ dated June 30, 2004; and (ii) address any recommendations of the document not incorporated in program plans for the Project. (D) First project phase review On a determination by the Secretary that the appropriate activities under the first project phase under subsection (b)(1) are nearly complete, the Secretary shall request the NERAC to conduct a comprehensive re- view of the Project and to report to the Sec- retary the recommendation of the NERAC concerning whether the Project is ready to proceed to the second project phase under subsection (b)(2). (E) Transmittal of reports to Congress Not later than 60 days after receiving any report from the NERAC related to the Project, the Secretary shall submit to the appropriate committees of the Senate and the House of Representatives a copy of the report, along with any additional views of the Secretary that the Secretary may con- sider appropriate. (Pub. L. 109–58, title VI, § 643, Aug. 8, 2005, 119 Stat. 795.) § 16024. Nuclear Regulatory Commission (a) In general In accordance with section 5842 of this title, the Nuclear Regulatory Commission shall have licensing and regulatory authority for any reac- tor authorized under this part. (b) Licensing strategy Not later than 3 years after August 8, 2005, the Secretary and the Chairman of the Nuclear Reg- ulatory Commission shall jointly submit to the appropriate committees of the Senate and the House of Representatives a licensing strategy for the prototype nuclear reactor, including— (1) a description of ways in which current li- censing requirements relating to light-water reactors need to be adapted for the types of prototype nuclear reactor being considered by the Project; (2) a description of analytical tools that the Nuclear Regulatory Commission will have to develop to independently verify designs and performance characteristics of components, equipment, systems, or structures associated with the prototype nuclear reactor; (3) other research or development activities that may be required on the part of the Nu- clear Regulatory Commission in order to re- view a license application for the prototype nuclear reactor; and (4) an estimate of the budgetary require- ments associated with the licensing strategy. (c) Ongoing interaction The Secretary shall seek the active participa- tion of the Nuclear Regulatory Commission throughout the duration of the Project to— (1) avoid design decisions that will com- promise adequate safety margins in the design of the reactor or impair the accessibility of nuclear safety-related components of the pro- totype reactor for inspection and mainte- nance; (2) develop tools to facilitate inspection and maintenance needed for safety purposes; and (3) develop risk-based criteria for any future commercial development of a similar reactor architectures. (Pub. L. 109–58, title VI, § 644, Aug. 8, 2005, 119 Stat. 797.) § 16025. Project timelines and authorization of appropriations (a) Target date to complete the first project phase Not later than September 30, 2011, the Sec- retary shall— (1) select the technology to be used by the Project for high-temperature hydrogen pro- duction and the initial design parameters for the prototype nuclear plant; or (2) submit to Congress a report establishing an alternative date for making the selection. (b) Design competition for second project phase (1) In general The Secretary, acting through the Idaho Na- tional Laboratory, shall fund not more than 4 teams for not more than 2 years to develop de- tailed proposals for competitive evaluation and selection of a single proposal for a final design of the prototype nuclear reactor. (2) Systems integration The Secretary may structure Project activi- ties in the second project phase to use the lead industrial partner of the competitively se- lected design under paragraph (1) in a systems integration role for final design and construc- tion of the Project. (c) Target date to complete project construction Not later than September 30, 2021, the Sec- retary shall—