42 U.S.C. § 10221 — Mission plan

Page 8017 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10221 Subseabed Consortium involving leading oceano- graphic universities and institutions, national laboratories, and other organizations to inves- tigate the technical and institutional feasibility of subseabed disposal. (B) The Subseabed Consortium shall develop a research plan and budget to achieve the fol- lowing objectives by 1995: (i) demonstrate the capacity to identify and characterize potential subseabed disposal sites; (ii) develop conceptual designs for a sub- seabed disposal system, including estimated costs and institutional requirements; and (iii) identify and assess the potential im- pacts of subseabed disposal on the human and marine environment. (C) In 1990, and again in 1995, the Subseabed Consortium shall report to Congress on the progress being made in achieving the objectives of paragraph (2). (Pub. L. 97–425, title II, § 224, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5063, Dec. 22, 1987, 101 Stat. 1330–253; amended Pub. L. 104–66, title I, § 1051(d), Dec. 21, 1995, 109 Stat. 716; Pub. L. 105–245, title III, § 309(b)(2)(E), Oct. 7, 1998, 112 Stat. 1853.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 1998—Subsec. (b)(1). Pub. L. 105–245 which directed the substitution of ‘‘Science’’ for ‘‘Energy Research’’, was executed by making the substitution in two places to reflect the probable intent of Congress. Subsec. (b)(2). Pub. L. 105–245 substituted ‘‘Office of Science’’ for ‘‘Office of Energy Research’’. 1995—Subsec. (a). Pub. L. 104–66 struck out subsec. (a) which required Secretary of Energy to report to Con- gress on subseabed disposal of spent nuclear fuel and high-level radioactive waste. Subsec. (b)(5). Pub. L. 104–66 struck out par. (5) which read as follows: ‘‘The Director of the Office of Sub- seabed Disposal Research shall annually prepare and submit a report to the Congress on the activities and expenditures of the Office.’’ SUBCHAPTER III—OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE § 10221. Mission plan (a) Contents of mission plan The Secretary shall prepare a comprehensive report, to be known as the mission plan, which shall provide an informational basis sufficient to permit informed decisions to be made in car- rying out the repository program and the re- search, development, and demonstration pro- grams required under this chapter. The mission plan shall include— (1) an identification of the primary sci- entific, engineering, and technical informa- tion, including any necessary demonstration of engineering or systems integration, with re- spect to the siting and construction of a test and evaluation facility and repositories; (2) an identification of any information de- scribed in paragraph (1) that is not available because of any unresolved scientific, engineer- ing, or technical questions, or undemonstrated engineering or systems integration, a schedule including specific major milestones for the re- search, development, and technology dem- onstration program required under this chap- ter and any additional activities to be under- taken to provide such information, a schedule for the activities necessary to achieve impor- tant programmatic milestones, and an esti- mate of the costs required to carry out such research, development, and demonstration programs; (3) an evaluation of financial, political, legal, or institutional problems that may im- pede the implementation of this chapter, the plans of the Secretary to resolve such prob- lems, and recommendations for any necessary legislation to resolve such problems; (4) any comments of the Secretary with re- spect to the purpose and program of the test and evaluation facility; (5) a discussion of the significant results of research and development programs conducted and the implications for each of the different geologic media under consideration for the siting of repositories, and, on the basis of such information, a comparison of the advantages and disadvantages associated with the use of such media for repository sites; (6) the guidelines issued under section 10132(a) of this title; (7) a description of known sites at which site characterization activities should be under- taken, a description of such siting character- ization activities, including the extent of planned excavations, plans for onsite testing with radioactive or nonradioactive material, plans for any investigations activities which may affect the capability of any such site to isolate high-level radioactive waste or spent nuclear fuel, plans to control any adverse, safety-related impacts from such site charac- terization activities, and plans for the decon- tamination and decommissioning of such site if it is determined unsuitable for licensing as a repository; (8) an identification of the process for solidi- fying high-level radioactive waste or pack- aging spent nuclear fuel, including a summary and analysis of the data to support the selec- tion of the solidification process and pack- aging techniques, an analysis of the require- ments for the number of solidification pack- aging facilities needed, a description of the state of the art for the materials proposed to be used in packaging such waste or spent fuel and the availability of such materials includ- ing impacts on strategic supplies and any re- quirements for new or reactivated facilities to produce any such materials needed, and a de- scription of a plan, and the schedule for imple- menting such plan, for an aggressive research and development program to provide when needed a high-integrity disposal package at a reasonable price; (9) an estimate of (A) the total repository capacity required to safely accommodate the disposal of all high-level radioactive waste and spent nuclear fuel expected to be generated through December 31, 2020, in the event that Page 8018 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10222 1 See References in Text note below. no commercial reprocessing of spent nuclear fuel occurs, as well as the repository capacity that will be required if such reprocessing does occur; (B) the number and type of repositories required to be constructed to provide such dis- posal capacity; (C) a schedule for the construc- tion of such repositories; and (D) an estimate of the period during which each repository listed in such schedule will be accepting high- level radioactive waste or spent nuclear fuel for disposal; (10) an estimate, on an annual basis, of the costs required (A) to construct and operate the repositories anticipated to be needed under paragraph (9) based on each of the assumptions referred to in such paragraph; (B) to construct and operate a test and evaluation facility, or any other facilities, other than repositories described in subparagraph (A), determined to be necessary; and (C) to carry out any other activities under this chapter; and (11) an identification of the possible adverse economic and other impacts to the State or Indian tribe involved that may arise from the development of a test and evaluation facility or repository at a site. (b) Submission of mission plan (1) Not later than 15 months after January 7, 1983, the Secretary shall submit a draft mission plan to the States, the affected Indian tribes, the Commission, and other Government agen- cies as the Secretary deems appropriate for their comments. (2) In preparing any comments on the mission plan, such agencies shall specify with precision any objections that they may have. Upon sub- mission of the mission plan to such agencies, the Secretary shall publish a notice in the Fed- eral Register of the submission of the mission plan and of its availability for public inspection, and, upon receipt of any comments of such agen- cies respecting the mission plan, the Secretary shall publish a notice in the Federal Register of the receipt of comments and of the availability of the comments for public inspection. If the Secretary does not revise the mission plan to meet objections specified in such comments, the Secretary shall publish in the Federal Register a detailed statement for not so revising the mis- sion plan. (3) The Secretary, after reviewing any other comments made by such agencies and revising the mission plan to the extent that the Sec- retary may consider to be appropriate, shall submit the mission plan to the appropriate com- mittees of the Congress not later than 17 months after January 7, 1983. The mission plan shall be used by the Secretary at the end of the first pe- riod of 30 calendar days (not including any day on which either House of Congress is not in ses- sion because of adjournment of more than 3 cal- endar days to a day certain) following receipt of the mission plan by the Congress. (Pub. L. 97–425, title III, § 301, Jan. 7, 1983, 96 Stat. 2255.) § 10222. Nuclear Waste Fund (a) Contracts (1) In the performance of his functions under this chapter, the Secretary is authorized to enter into contracts with any person who gen- erates or holds title to high-level radioactive waste, or spent nuclear fuel, of domestic origin for the acceptance of title, subsequent transpor- tation, and disposal of such waste or spent fuel. Such contracts shall provide for payment to the Secretary of fees pursuant to paragraphs (2) and (3) sufficient to offset expenditures described in subsection (d). (2) For electricity generated by a civilian nu- clear power reactor and sold on or after the date 90 days after January 7, 1983, the fee under para- graph (1) shall be equal to 1.0 mil per kilowatt- hour. (3) For spent nuclear fuel, or solidified high- level radioactive waste derived from spent nu- clear fuel, which fuel was used to generate elec- tricity in a civilian nuclear power reactor prior to the application of the fee under paragraph (2) to such reactor, the Secretary shall, not later than 90 days after January 7, 1983, establish a 1 time fee per kilogram of heavy metal in spent nuclear fuel, or in solidified high-level radio- active waste. Such fee shall be in an amount equivalent to an average charge of 1.0 mil per kilowatt-hour for electricity generated by such spent nuclear fuel, or such solidified high-level waste derived therefrom, to be collected from any person delivering such spent nuclear fuel or high-level waste, pursuant to section 10143 of this title, to the Federal Government. Such fee shall be paid to the Treasury of the United States and shall be deposited in the separate fund established by subsection (c).1 In paying such a fee, the person delivering spent fuel, or solidified high-level radioactive wastes derived therefrom, to the Federal Government shall have no further financial obligation to the Fed- eral Government for the long-term storage and permanent disposal of such spent fuel, or the so- lidified high-level radioactive waste derived therefrom. (4) Not later than 180 days after January 7, 1983, the Secretary shall establish procedures for the collection and payment of the fees estab- lished by paragraph (2) and paragraph (3). The Secretary shall annually review the amount of the fees established by paragraphs (2) and (3) above to evaluate whether collection of the fee will provide sufficient revenues to offset the costs as defined in subsection (d) herein. In the event the Secretary determines that either in- sufficient or excess revenues are being collected, in order to recover the costs incurred by the Federal Government that are specified in sub- section (d), the Secretary shall propose an ad- justment to the fee to insure full cost recovery. The Secretary shall immediately transmit this proposal for such an adjustment to Congress. The adjusted fee proposed by the Secretary shall be effective after a period of 90 days of contin- uous session have elapsed following the receipt of such transmittal unless during such 90-day period either House of Congress adopts a resolu- tion disapproving the Secretary’s proposed ad- justment in accordance with the procedures set forth for congressional review of an energy ac- tion under section 6421 of this title. (5) Contracts entered into under this section shall provide that—