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LOTT AMENDMENT NO. 3615 -- (Senate - June 23, 2000)

``(3) PRICE CAP CONTRACT.--The term `price cap contract' means a contract between a retailer and a consumer under which the retailer charges the consumer the market

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price for propane, kerosene, or heating oil, but the cost of the propane, kerosene, or heating oil may not exceed a maximum amount stated in the contract.

    ``(b) ASSISTANCE.--At the request of the chief executive officer of a State, the Secretary shall provide information, technical assistance, and funding--

    ``(1) to develop education and outreach programs to encourage consumers to fill their storage facilities for propane, kerosene, and heating oil during the summer months; and

    ``(2) to promote the use of budget contracts, price cap contracts, fixed-price contracts, and other advantageous financial arrangements;

   to avoid severe seasonal price increases for and supply shortages of those products.

    ``(c) PREFERENCE.--In implementing this section, the Secretary shall give preference to States that contribute public funds or leverage private funds to develop State summer fill and fuel budgeting programs.

    ``(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section--

    ``(1) $25,000,000 for fiscal year 2001; and

    ``(2) such sums as are necessary for each fiscal year thereafter.

    ``(e) INAPPLICABILITY OF EXPIRATION PROVISION.--Section 281 does not apply to this section.''.

    (b) The table of contents in the first section of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting after the item relating to section 272 the following:

   ``Sec. 273. Summer fill and fuel budgeting programs.''.

   SEC. 303. ENERGY EFFICIENCY SCIENCE INITIATIVE.

    There are authorized to be appropriated $25,000,000 for fiscal year 2001 and such sums as are necessary for each fiscal year thereafter be for an Energy Efficiency Science Initiative to be managed by the Assistant Secretary for Energy Efficiency and Renewable Energy in consultation with the Director of the Office of Science, for grants to be competitively awarded and subject to peer review for research relating to energy efficiency. The Secretary of Energy shall submit to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, an annual report on the activities of the Energy Efficiency Science Initiative, including a description of the process used to award the funds and an explanation of how the research relates to energy efficiency.

   SEC. 304. NORTHEAST HOME HEATING OIL RESERVE.

    (a) AMENDMENT.--Title I of the Energy Policy and Conservation Act is amended by--

    (1) redesignating part D as part E;

    (2) redesignating section 181 as section 191; and

    (3) inserting after part C the following new part D--

   

   ``PART D--NORTHEAST HOME HEATING OIL RESERVE

   ``ESTABLISHMENT

    ``SEC. 181. (a) Notwithstanding any other provision of this Act, the Secretary may establish, maintain, and operate in the Northeast, a Northeast Home Heating Oil Reserve. A Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this title. A Reserve established under this part shall contain no more than 2 million barrels of petroleum distillate.

    ``(b) For the purposes of this part--

    ``(1) the term `Northeast' means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey; and

    ``(2) the term `petroleum distillate' includes heating oil and diesel fuel.

   ``AUTHORITY

    ``SEC. 182. To the extent necessary or appropriate to carry out this part, the Secretary may--

    ``(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services;

    ``(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part;

    ``(3) acquire by purchase, exchange (including exchange of petroleum product from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, petroleum distillate for storage in the Northeast Home Heating Oil Reserve;

    ``(4) store petroleum distillate in facilities not owned by the United States;

    ``(5) sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part; and

    ``(6) notwithstanding paragraph (5), on terms the Secretary considers reasonable, sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part in order to maintain the quality or quantity of the petroleum distillate in the Reserve or to maintain the operational capability of the Reserve.

   ``CONDITIONS FOR RELEASE; PLAN

    ``SEC. 183. (a) The Secretary may release petroleum distillate from the Reserve under section 182(5) only in the event of--

    ``(1) a severe energy supply disruption;

    ``(2) a severe price increase; or

    ``(3) another emergency affecting the Northeast, which the President determines to merit a release from the Reserve.

    ``(b) Within 45 days of the date of the enactment of this section, the Secretary shall transmit to the President and, if the President approves, to the Congress a plan describing--

    ``(1) the acquisition of storage and related facilities or storage services for the Reserve;

    ``(2) the acquisition of petroleum distillate for storage in the Reserve;

    ``(3) the anticipated methods of disposition of petroleum distillate from the Reserve; and

    ``(4) the estimated costs of establishment, maintenance, and operation of the Reserve.

   The storage of petroleum distillate in a storage facility that meets existing environmental requirements is not a `major Federal action significantly affecting the quality of the human environment' as that term is used in section 102(2)(C) of the National Environmental Policy Act of 1969.

   ``NORTHEAST HOME HEATING OIL RESERVE ACCOUNT

    ``SEC. 184. (a) Upon a decision of the Secretary of Energy to establish a Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the `Northeast Home Heating Oil Reserve Account' (referred to in this section as the `Account').

    ``(b) The Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of petroleum distillate from the Reserve.

    ``(c) The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation.

   ``EXEMPTIONS

    ``SEC. 185. An action taken under this part--

    ``(1) is not subject to the rulemaking requirements of section 523 of this Act, section 501 of the Department of Energy Organization Act, or section 553 of title 5, United States Code; and

    ``(2) is not subject to laws governing the Federal procurement of goods and services, including the Federal Property and Administrative Services Act of 1949 (including the Competition in Contracting Act) and the Small Business Act.''.

    (b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated such sums as may be necessary to carry out part D of title I of the Energy Policy and Conservation Act.

   

   TITLE IV--PROVISIONS TO ENHANCE THE USE OF DOMESTIC ENERGY RESOURCES

   

   Subtitle A--Hydroelectric Resources

   SEC. 401. USE OF FEDERAL FACILITIES.

    (a) The Secretary of the Interior and the Secretary of the Army shall each inventory all dams, impoundments, and other facilities under their jurisdiction.

    (b) Based on this inventory and other information, the Secretary of the Interior and Secretary of the Army shall each submit a report to the Congress within six months from the date of enactment of this Act. Each report shall--

    (1) Describe, in detail, each facility that is capable, with or without modification, of producing additional hydroelectric power. For each such facility, the report shall state the full potential for the facility to generate hydroelectric power, whether the facility is currently generating hydroelectric power, and the costs to install, upgrade, modify, or take other actions to increase the hydroelectric generating capability of the facility. For each facility that currently has hydroelectric generating equipment, the report shall indicate the condition of such equipment, the maintenance requirements, and the schedule for any improvements as well as the purposes for which power is generated.

    (2) Describe what actions are planned and underway to increase the hydroelectric production from facilities under his jurisdiction and shall include any recommendations the Secretary deems advisable to increase such production, reduce costs, and improve efficiency at Federal facilities, including, but not limited to, use of lease of power privilege and contracting with non-Federal entities for operation and maintenance.

   SEC. 402. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.

    The Federal Energy Regulatory Commission shall immediately undertake a comprehensive review of policies, procedures and regulations for the licensing of hydroelectric projects to determine how to reduce the cost and time of obtaining a license. The Commission shall report its findings within six months of the date of enactment to the Congress, including any recommendations for legislative changes.

   

   Subtitle B--Nuclear Resources

   SEC. 410. NUCLEAR GENERATION.

    The Chairman of the Nuclear Regulatory Commission shall submit a report to the Congress within six months from the date of enactment of this Act on the state of nuclear power generation and production in the United States and the potential for increasing nuclear generating capacity and production as part of this nation's energy mix. The report shall also review the

   status of the relicensing process for civilian nuclear power plants, including current and anticipated applications, and recommendations for improvements in the process, including, but not limited to recommendations for expediting the process and ensuring that relicensing is accomplished in a timely manner.

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   SEC. 411. NRC HEARING PROCEDURE.

    Section 189(a)(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)) is amended by adding at the end the following--

    ``(C) HEARINGS.--A hearing under this section shall be conducted using informal adjudicatory procedures established under sections 553 and 555 of title 5, United States Code, unless the Commission determines that formal adjudicatory procedures are necessary--

    ``(i) to develop a sufficient record; or

    ``(ii) to achieve fairness.''.

   

   Subtitle C--Development of a National Spent Nuclear Fuel Strategy

   SEC. 415. FINDINGS.

    (a) Prior to permanent closure of the geologic repository in Yucca Mountain , Congress must determine whether the spent fuel in the repository should be treated as waste subject to permanent burial or should be considered an energy resource that is needed to meet future energy requirements;

    (b) Future use of nuclear energy may require construction of a second geologic repository unless Yucca Mountain can safely accommodate additional spent fuel. Improved spent fuel strategies may increase the capacity of Yucca Mountain .

    (c) Prior to construction of any second permanent geologic repository, the nation's current plans for permanent burial of spent fuel should be reevaluated.

   SEC. 416. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

    (a) ESTABLISHMENT.--There is hereby established an Office of Spent Nuclear Fuel Research (referred to as the ``Office'' in this section) within the Office of Nuclear Energy Science and Technology of the Department of Energy. The Office shall be headed by the Associate Director, who shall be a member of the Senior Executive Service appointed by the Director of the Office of Nuclear Energy Science and Technology, and compensated at a rate determined by applicable law.

    (b) ASSOCIATE DIRECTOR.--The Associate Director of the Office of Spent Nuclear Fuel Research shall be responsible for carrying out an integrated research, development, and demonstration program on technologies for treatment, recycling, and disposal of high-level nuclear radioactive waste and spent nuclear fuel, subject to the general supervision of the Secretary. The Associate Director of the Office shall report to the Director of the Office of Nuclear Energy Science and Technology. The first such Associate Director shall be appointed within 90 days of the enactment of this Act.

    (c) GRANT AND CONTRACT AUTHORITY.--In carrying out his responsibilities under this section, the Secretary may make grants, or enter into contracts, for the purposes of the research projects and activities described in (d)(2).

    (d)(1) DUTIES.--The Associate Director of the Office shall involve national laboratories, universities, the commercial nuclear industry, and other organizations to investigate technologies for the treatment, recycling, and disposal of spent nuclear fuel and high-level radioactive waste.

    (2) The Associate Director of the Office shall:

    (A) develop a research plan to provide recommendations by 2015;

    (B) identify technologies for the treatment, recycling, and disposal of spent nuclear fuel and high-level radioactive waste;

    (C) conduct research and development activities on such technologies;

    (D) ensure that all activities include as key objectives minimization of proliferation concerns and risk to health of the general public or site workers, as well as development of cost-effective technologies;

    (E) require research on both reactor- and accelerator-based transmutation systems;

    (F) require research on advanced processing and separations;

    (G) encourage that research efforts include participation of international collaborators;

    (H) be authorized to fund international collaborators when they bring unique capabilities not available in the United States and their host country is unable to provide for their support;

    (I) ensure that research efforts with the Office are coordinated with research on advance fuel cycles and reactors conducted within the Office of Nuclear Energy Science and Technology.

    (e) REPORT.--The Associate Director of the Office of Spent Nuclear Fuel Research shall annually prepare and submit a report to the Congress on the activities and expenditures of the Office, including the process that has been made to achieve the objectives of paragraph (b).

   

   Subtitle D--Coal Resources

   SEC. 420. COAL GENERATING CAPACITY.

    The Secretary of Energy shall examine existing coal-fired power plants and submit a report to the Congress within six months from the enactment of this Act on the potential of such plants for increased generation and any impediments to achieving such increase. The report shall describe, in detail, options for improving the efficiency of these plants. The report shall include recommendations for a program of research, development, demonstration, and commercial application to develop economically and environmentally acceptable advanced technologies for current electricity generation facilities using coal as the primary feedstock, including commercial-scale applications of advanced clean coal technologies. The report shall also include an assessment of the costs to develop and demonstrate such technologies and the time required to undertake such development and demonstration.

   SEC. 425. COAL LIQUEFACTION.

    The Secretary of Energy shall provide grants for the refinement and demonstration of new technologies for the conversion of coal to liquids. Such grants shall be for the design and construction of an indirect liquefaction plant capable of production in commercial quantities. There are authorized to be appropriated for the purpose of this section such sums as may be necessary through fiscal year 2004.

   

   TITLE V--ARCTIC COASTAL PLAIN DOMESTIC ENERGY SECURITY ACT OF 2000

   SEC. 501. SHORT TITLE

    This title may be cited as the ``Arctic Coastal Plain Domestic Energy Security Act of 2000''.

   SEC. 502. DEFINITIONS.

    When used in this title the term--

    (1) ``Coastal Plain'' means that area identified as such in the map entitled ``Arctic National Wildlife Refuge'', dated August 1980, as referenced in section 1002(b) of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142(b)(1)) comprising approximately 1,549,000 acres; and

    (2) ``Secretary'', except as otherwise provided, means the Secretary of the Interior or the Secretary's designee.

   SEC. 503. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

    (a) AUTHORIZATION.--The Congress hereby authorizes and directs the Secretary, acting through the Bureau of Land Management in consultation with the Fish and Wildlife Service and other appropriate Federal offices and agencies, to take such actions as are necessary to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain and to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, and shall require the application of the best commercially available technology for oil and gas exploration, development, and production, on all new exploration, development, and production operations, and whenever practicable, on existing operations, and in a manner to ensure the receipt of fair market value by the public for the mineral resources to be leased.


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