II 

115TH CONGRESS 

1ST SESSION S. 1265 

To amend the Nuclear Waste Policy Act of 1982 to provide for the expansion 

of emergency planning zones and the development of plans for dry 

cask storage of spent nuclear fuel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. MARKEY (for himself, Mr. SANDERS, and Mrs. GILLIBRAND) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To amend the Nuclear Waste Policy Act of 1982 to provide 

for the expansion of emergency planning zones and the 

development of plans for dry cask storage of spent nuclear fuel, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dry Cask Storage Act 

5 of 2017’’. 


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1 SEC. 2. EMERGENCY PLANNING ZONES; DRY CASK STOR2 AGE OF SPENT NUCLEAR FUEL. 

3 (a) IN GENERAL.—Title I of the Nuclear Waste Pol4 icy Act of 1982 (42 U.S.C. 10121 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘Subtitle I—Emergency Planning 

7 Zones; Dry Cask Storage of 

8 Spent Nuclear Fuel 

9 ‘‘SEC. 185. DEFINITIONS. 

10 ‘‘In this subtitle: 

11 ‘‘(1) EMERGENCY PLANNING ZONE.—The term 

12 ‘emergency planning zone’ means the emergency 

13 planning zone that is delineated with respect to the 

14 plume exposure pathway (as defined in section 350.2 

15 of title 44, Code of Federal Regulations (or any suc16 cessor regulation)) of a civilian nuclear power reac17 tor. 

18 ‘‘(2) LICENSEE.—The term ‘licensee’ has the 

19 meaning given the term in section 50.2 of title 10, 

20 Code of Federal Regulations (or any successor regu21 lation). 

22 ‘‘(3) SPENT NUCLEAR FUEL DRY CASK.—The 

23 term ‘spent nuclear fuel dry cask’ means a container 

24 (including any components and systems associated 

25 with the container) in which spent nuclear fuel is 


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1 stored at an independent spent fuel storage facil2 ity— 

3 ‘‘(A) that is— 

4 ‘‘(i) licensed by the Commission; and 

5 ‘‘(ii) located at a civilian nuclear 

6 power reactor site; and 

7 ‘‘(B) the design of which— 

8 ‘‘(i) includes a realistic security, seis9 mic, and flooding design basis, as deter10 mined by the Commission; and 

11 ‘‘(ii) is approved by the Commission. 

12 ‘‘SEC. 186. PLAN FOR DRY CASK STORAGE OF SPENT NU13 CLEAR FUEL. 

14 ‘‘(a) IN GENERAL.—Not later than 180 days after 

15 the date of enactment of this section, each licensee shall 

16 submit to the Commission a plan that provides for— 

17 ‘‘(1) by the deadline specified in subsection (b), 

18 the transfer to spent nuclear fuel dry casks of any 

19 spent nuclear fuel that is— 

20 ‘‘(A) stored by the licensee in spent nu21 clear fuel pools; and 

22 ‘‘(B) qualified to be placed in spent nu23 clear fuel dry casks, in accordance with sub24 section (d); 


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1 ‘‘(2) on completion of the transfer under para2 graph (1), the additional transfer, on an ongoing 

3 basis, of any additional spent nuclear fuel that is 

4 stored by the licensee in spent nuclear fuel pools and 

5 that, after the date of the transfer under paragraph 

6 (1), is determined to be qualified to be placed in 

7 spent nuclear fuel dry casks, in accordance with sub8 section (d), subject to the requirement that each ad9 ditional transfer shall be completed by the date that 

10 is 1 year after the date on which the applicable 

11 spent nuclear fuel is determined to be qualified to be 

12 placed in spent nuclear fuel dry casks, in accordance 

13 with that subsection; and 

14 ‘‘(3) the configuration of the remaining spent 

15 nuclear fuel in the spent nuclear fuel pool in a man16 ner that minimizes the chance of a fire if there is 

17 a loss of water in the spent nuclear fuel pool. 

18 ‘‘(b) DEADLINE FOR TRANSFER.—The deadline for 

19 transfer referred to in subsection (a)(1) is not later than 

20 the date that is 7 years after the date of submission of 

21 the plan. 

22 ‘‘(c) APPROVAL OR DISAPPROVAL BY COMMISSION.— 

23 ‘‘(1) IN GENERAL.—Not later than 90 days 

24 after the date on which a plan is submitted under 


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1 subsection (a), the Commission shall approve or dis2 approve the plan. 

3 ‘‘(2) ACTION FOLLOWING DISAPPROVAL.—If the 

4 Commission disapproves a plan under paragraph 

5 (1), the Commission shall— 

6 ‘‘(A) advise the licensee in writing of the 

7 reasons for the disapproval; 

8 ‘‘(B) make recommendations for revisions 

9 to the plan, which shall be submitted to the 

10 Commission by the date that is 30 days after 

11 the date on which the Commission provides no12 tice of the disapproval under subparagraph (A); 

13 and 

14 ‘‘(C) not later than 30 days after the date 

15 of receipt of a revised plan under subparagraph 

16 (B), approve or disapprove the revised plan. 

17 ‘‘(d) QUALIFICATION FOR PLACEMENT IN SPENT

18 NUCLEAR FUEL DRY CASKS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), spent nuclear fuel shall be considered to 

21 be qualified to be placed in spent nuclear fuel dry 

22 casks under this section if the spent nuclear fuel has 

23 been stored in spent nuclear fuel pools for a period 

24 of at least 7 years. 


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1 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

2 (1), spent nuclear fuel shall not be considered to be 

3 qualified to be placed in spent nuclear fuel dry casks 

4 under this section if there does not exist an ap5 proved spent nuclear fuel dry cask in which the 

6 spent nuclear fuel may be placed. 

7 ‘‘(e) GRANTS.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

9 the Commission may provide to any licensee that has 

10 a plan approved under subsection (c) a grant to as11 sist in the cost of transferring spent nuclear fuel to 

12 spent nuclear fuel dry casks under the approved 

13 plan. 

14 ‘‘(2) PREFERENCE.—In providing grants under 

15 paragraph (1), the Commission shall give preference 

16 to funding the implementation of approved plans— 

17 ‘‘(A) at civilian nuclear power reactors at 

18 which the spent nuclear fuel pools are close to 

19 being filled to capacity; 

20 ‘‘(B) that are supported by the State or 

21 unit of local government in which the civilian 

22 nuclear power reactor is located; and 

23 ‘‘(C) at civilian nuclear power reactors that 

24 have permanently ceased operations. 


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1 ‘‘(3) LIMITATION.—No grants may be provided 

2 under paragraph (1) to a licensee that the Commis3 sion determines is not in compliance with the ap4 proved plan, in accordance with subsection (f). 

5 ‘‘(f) BIENNIAL REVIEW.—Beginning on the date that 

6 is 2 years after the date on which a plan is approved under 

7 subsection (c) and every 2 years thereafter, the Commis8 sion shall conduct a review to determine whether the li9 censee is in compliance with the approved plan. 

10 ‘‘SEC. 187. EXPANSION AND APPLICABILITY OF EMERGENCY 

11 PLANNING ZONE. 

12 ‘‘(a) IN GENERAL.—The emergency planning zone 

13 that is applicable to each civilian nuclear power reactor 

14 shall be at least 10 miles in radius until the date on which 

15 all spent nuclear fuel at the civilian nuclear power reactor 

16 has been transferred to spent nuclear fuel dry casks. 

17 ‘‘(b) EXPANSION OF EMERGENCY PLANNING

18 ZONE.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2) and subject to paragraph (3), by the date 

21 that is 18 months after the date of enactment of 

22 this section, the Commission shall expand the emer23 gency planning zone that is applicable to each civil24 ian nuclear power reactor to 50 miles in radius. 


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1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

2 apply to any civilian nuclear power reactor that is in 

3 compliance with a plan approved by the Commission 

4 under section 186(c), as determined by the Commis5 sion under section 186(f). 

6 ‘‘(3) PAYMENT OF COSTS.—The licensee shall 

7 be responsible for all costs associated with the ex8 pansion of the applicable emergency planning zone 

9 under paragraph (1).’’. 

10 (b) USE OF INTEREST.—Section 302(e) of the Nu11 clear Waste Policy Act of 1982 (42 U.S.C. 10222(e)) is 

12 amended by adding at the end the following: 

13 ‘‘(7) USE OF INTEREST.—Annually, the Sec14 retary of the Treasury shall transfer to the Commis15 sion an amount equal to at least 10 percent of the 

16 amount of interest generated during the preceding 

17 fiscal year under paragraph (3) for use, without fur18 ther appropriation or fiscal year limitation, to pay 

19 the costs of carrying out section 186(e).’’. 

Æ 


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