HR 1309 IH

To authorize the Secretary of Energy to provide compensation and increased safety for on-site storage of spent nuclear fuel and high-level radioactive waste.

March 25, 1999

Mr. COOK introduced the following bill; which was referred to the Committee on Commerce

To authorize the Secretary of Energy to provide compensation and increased safety for on-site storage of spent nuclear fuel and high-level radioactive waste.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `The Nuclear Waste Protection and Responsible Compensation Act'.

SEC. 2. PURPOSE.

The purposes of this Act are to--

(1) ensure the permanent program for disposition of spent nuclear fuel and high-level radioactive waste continues with adequate political support and funding;

(2) ensure the continued safety of on-site storage of spent nuclear fuel and high-level radioactive waste by expanding both State and local governments rights to ensure citizens and local communities are protected;

(3) ensure the Federal government's obligation for disposition of spent nuclear fuel and high-level radioactive waste is met without spending taxpayer funds;

(4) ensure the continued safety of on-site storage of spent nuclear fuel and high-level radioactive waste by ensuring complete funding; and

(5) ensure that spent nuclear fuel and high-level radioactive waste at shutdown nuclear reactors is removed first once the permanent disposition program is licensed.

SEC. 3. PROTECTING THE SEARCH FOR A LONG-TERM OPTION.

No commercial spent nuclear fuel and high-level radioactive waste shall be transported offsite for away-from reactor storage until a final license for a permanent disposition program is issued by the Nuclear Regulatory Commission.

SEC. 4. STATE AND LOCAL GOVERNMENT AUTHORITY TO IMPROVE THE SAFETY OF ON-SITE STORAGE.

State and local governments may negotiate with utilities to provide additional protections above the current Federal minimum standards that ensure citizens and local communities are adequately protected from spent nuclear fuel and high-level radioactive waste.

SEC. 5. COMPENSATION FOR CONTINUED ON-SITE STORAGE.

(a) NUCLEAR WASTE ESCROW ACCOUNT- Each nuclear power utility shall, beginning in fiscal year 2000, retain the amount the utility would be required to pay into the Nuclear Waste Fund and deposit it into an account in a financial institution of the utilities choice. For purposes of this section the account shall be referred to as the `Nuclear Waste Escrow Account'.

(1) ACCOUNT COLLECTION- The Secretary of Energy shall collect the entire balance of the Nuclear Waste Escrow Account from each nuclear power utility on September 30, 2004, and again on September 30, 2009, and deposit the funds in the Nuclear Waste Fund. The Secretary of Energy retains future rights to each Nuclear Waste Escrow Account beyond September 30, 2009 and shall collect such Accounts when the current Nuclear Waste Fund is lacking sufficient funds to continue the search for long-term permanent disposition of spent nuclear fuel and high-level radioactive waste.

(2) INVESTMENT- Each Nuclear Waste Escrow Account account shall be invested by the nuclear power utilities which established it to earn market rates of return. Any interest collected above the Treasury interest rate shall be placed into a Utility On-site Compensation Fund described in subsection (b).

(3) ASSURANCE OF FUNDS- Each nuclear power utility shall manage its Nuclear Waste Escrow Account in accordance with the requirements of the regulations published at 10 C.F.R. 50.75 relating to assurances provided to the Nuclear Regulatory Commission that funds will be available for decommissioning.

(b) ON-SITE COMPENSATION FUND- Each nuclear power utility which established a Nuclear Waste Escrow Account shall establish the Utility On-site Compensation Fund referred to in subsection (a)(2). Such fund shall be available to the utility with the following conditions:

(1) FUND USE- The fund shall be used for the on-site storage of spent nuclear fuel and high-level radioactive waste that should have been accepted by the Secretary of Energy under Article VI B of the Standard Contract (10 CFR Part 961).

(2) AMOUNTS REMAINING- Any amounts remaining in the fund after expenditures under paragraph (1) shall be paid to the Secretary for the Shutdown Reactor Fund established by the Secretary under subsection (c).

(c) SHUTDOWN REACTOR FUND-

(1) FEDERAL SHUTDOWN REACTOR FUND- The Secretary shall establish the Federal Shutdown Reactor Fund in which amounts paid to the Secretary under subsection (b)(2) shall be deposited.

(2) UTILITY SHUTDOWN REACTOR FUND- A nuclear power utility which has been shut down shall establish a Utility Shutdown Reactor Fund. The Secretary shall pay to each fund an amount from the Federal Shutdown Reactor Fund to enable the fund to be available to pay the costs of on-site storage of spent nuclear fuel and high-level radioactive waste at the shutdown reactor.

SEC. 6. PRIORITY FOR SHUTDOWN REACTOR WASTE.

The current spent nuclear fuel and high-level radioactive waste queue as defined in the Standard Contract (10 C.F.R. 961) shall be adjusted to place all spent nuclear fuel and high-level radioactive waste at shutdown nuclear reactors first in the queue.

SEC. 7. DEFINITION.

As used in this Act spent nuclear fuel and high-level radioactive waste shall be considered non-defense wastes.

END