HR6526-118

1. Short title This Act may be cited as the Advanced Nuclear Deployment Act.

2. Enabling preparations for advanced nuclear reactor demonstrations on Federal sites Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is amended by adding at the end the following: Costs for— activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019); and pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019). The amendment made by subsection (a) shall take effect on October 1, 2024. (iv)Costs for—(I)activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019); and(II)pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019)..

3. Regulatory requirements for micro-reactors The Nuclear Regulatory Commission (in this section referred to as the Commission) shall— not later than 18 months after the date of enactment of this Act, develop risk-informed and performance-based strategies and guidance to license and regulate micro-reactors pursuant to section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133), including strategies and guidance for— staffing and operations; oversight and inspections; safeguards and security; emergency preparedness; risk analysis methods, including alternatives to probabilistic risk assessments; decommissioning funding assurance methods that permit the use of design- and site-specific cost estimates; the transportation of fueled micro-reactors; and siting, including in relation to— the population density criterion limit described in the policy issue paper on population-related siting considerations for advanced reactors dated May 8, 2020, and numbered SECY–20–0045; licensing mobile deployment; and environmental reviews; and not later than 3 years after the date of enactment of this Act, implement, as appropriate, the strategies and guidance developed under paragraph (1)— within the existing regulatory framework; through the technology-inclusive, regulatory framework to be established under section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note; Public Law 115–439); or through a pending or new rulemaking. In developing and implementing strategies and guidance under subsection (a), the Commission shall consider— the unique characteristics of micro-reactors, including characteristics relating to— physical size; design simplicity; and source term; opportunities to address redundancies and inefficiencies; opportunities to consolidate review phases and reduce transitions between review teams; opportunities to establish integrated review teams to ensure continuity throughout the review process; and other relevant considerations discussed in the policy issue paper on policy and licensing considerations related to micro-reactors dated October 6, 2020, and numbered SECY–20–0093. In carrying out subsection (a), the Commission shall consult with— the Secretary of Energy; the heads of other Federal agencies, as appropriate; micro-reactor technology developers; and other stakeholders.

4. Expedited subsequent combined licenses In accordance with this section, the Nuclear Regulatory Commission (referred to in this section as the Commission) shall establish and carry out an expedited procedure for issuing a combined license pursuant to section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235). To qualify for the expedited procedure under subsection (a), an applicant— shall submit a combined license application for a new nuclear reactor based off a previously licensed design; shall propose to construct the new nuclear reactor on or adjacent to a site on which a nuclear reactor already operates or previously operated; and may not be subject to an order of the Commission to suspend or revoke a license under section 2.202 of title 10, Code of Federal Regulations (or any successor regulation). With respect to a combined license for which the applicant has satisfied the requirements described in subsection (b), the Commission shall, to the maximum extent practicable— not later than 1 year after the application is accepted for docketing, issue a draft environmental impact statement; not later than 18 months after the application is accepted for docketing— complete the technical review process; and issue a safety evaluation report and final environmental impact statement; not later than 2 years after the application is accepted for docketing, complete any necessary public licensing hearings and related processes; and not later than 25 months after the application is accepted for docketing, make a final decision on whether to issue the combined license. Not later than 30 days after the applicable deadline, the Executive Director for Operations of the Commission shall inform the Commission of any failure to meet a deadline under subsection (c). If any deadline under subsection (c) is not met by the date that is 90 days after the applicable date required under such subsection, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the delay, including a detailed explanation accounting for the delay and a plan for completion of the applicable action.

5. Pilot program for nuclear power purchase agreements Subtitle B of title VI of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 782) is amended by adding at the end the following: The Secretary shall establish a pilot program under which the Secretary shall enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an operating license is issued by the Nuclear Regulatory Commission after January 1, 2024. In establishing the pilot program under this section, the Secretary shall— consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense; and not later than December 31, 2028, enter into at least one long-term agreement to purchase power from a commercial nuclear reactor described in subsection (a). Notwithstanding any other provision of law, an agreement entered into pursuant to subsection (b)(2) to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years. In carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— to high-value assets for national security purposes; or for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency. A long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d). The table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended by inserting after the item relating to section 639 the following: 639A.Long-term nuclear power purchase agreement pilot program(a)EstablishmentThe Secretary shall establish a pilot program under which the Secretary shall enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an operating license is issued by the Nuclear Regulatory Commission after January 1, 2024.(b)RequirementsIn establishing the pilot program under this section, the Secretary shall—(1)consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense; and(2)not later than December 31, 2028, enter into at least one long-term agreement to purchase power from a commercial nuclear reactor described in subsection (a).(c)Period of agreementNotwithstanding any other provision of law, an agreement entered into pursuant to subsection (b)(2) to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years.(d)PriorityIn carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power—(1)to high-value assets for national security purposes; or(2)for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency.(e)RatesA long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d).. Sec. 639A. Long-term nuclear power purchase agreement pilot program..

639A. Long-term nuclear power purchase agreement pilot program The Secretary shall establish a pilot program under which the Secretary shall enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an operating license is issued by the Nuclear Regulatory Commission after January 1, 2024. In establishing the pilot program under this section, the Secretary shall— consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense; and not later than December 31, 2028, enter into at least one long-term agreement to purchase power from a commercial nuclear reactor described in subsection (a). Notwithstanding any other provision of law, an agreement entered into pursuant to subsection (b)(2) to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years. In carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— to high-value assets for national security purposes; or for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency. A long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d).