II 

Calendar No. 137 

112TH CONGRESS 

1ST SESSION S. 512 

[Report No. 112–57] 

To amend the Energy Policy Act of 2005 to require the Secretary of Energy 

to carry out programs to develop and demonstrate 2 small modular 

nuclear reactor designs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2011 

Mr. BINGAMAN (for himself, Ms. MURKOWSKI, Mr. UDALL of Colorado, Mr. 

PRYOR, Ms. LANDRIEU, Mr. CRAPO, Mr. RISCH, and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported under authority of the order of the Senate of August 2, 2011, by 

Mr. BINGAMAN, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Energy Policy Act of 2005 to require the 

Secretary of Energy to carry out programs to develop 

and demonstrate 2 small modular nuclear reactor designs, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nuclear Power 2021 

3 Act’’. 

4 SEC. 2. NUCLEAR POWER 2021 INITIATIVE. 

5 Section 952 of the Energy Policy Act of 2005 (42 

6 U.S.C. 16272) is amended by adding at the end the fol7 lowing: 

8 ‘‘(f) NUCLEAR POWER 2021 INITIATIVE.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) COMBINED LICENSE.—The term 

11 ‘combined license’ has the meaning given the 

12 term in section 52.1 of title 10, Code of Federal 

13 Regulations (or a successor regulation). 

14 ‘‘(B) DESIGN CERTIFICATION.—The term 

15 ‘design certification’ has the meaning given the 

16 term in section 52.1 of title 10, Code of Federal 

17 Regulations (or a successor regulation). 

18 ‘‘(C) SMALL MODULAR REACTOR.—The 

19 term ‘small modular reactor’ means a nuclear 

20 reactor— 

21 ‘‘(i) with a rated capacity of less than 

22 300 electrical megawatts; and 

23 ‘‘(ii) that can be constructed and op24 erated in combination with similar reactors 

25 at a single site. 


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1 ‘‘(2) DUTY OF SECRETARY.—The Secretary 

2 shall carry out, through cooperative agreements with 

3 private sector partners— 

4 ‘‘(A) a program— 

5 ‘‘(i) to develop a standard design for 

6 each of 2 small modular reactors, at least 

7 1 of which has a rated capacity of not 

8 more than 50 electrical megawatts; and 

9 ‘‘(ii) to obtain a design certification 

10 from the Nuclear Regulatory Commission 

11 for each of the 2 standard designs by Jan12 uary 1, 2018; and 

13 ‘‘(B) a program to demonstrate the licens14 ing of small modular reactors by— 

15 ‘‘(i) developing applications for a com16 bined license for each of the designs cer17 tified pursuant to subparagraph (A); and 

18 ‘‘(ii) obtaining a combined license 

19 from the Nuclear Regulatory Commission 

20 for each of the designs by January 1, 

21 2021. 

22 ‘‘(3) MERIT REVIEW OF PROPOSALS.—The Sec23 retary shall select proposals for cooperative agree24 ments under this subsection— 


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1 ‘‘(A) on the basis of an impartial review of 

2 the scientific and technical merit of the pro3 posals; and 

4 ‘‘(B) through the use of competitive proce5 dures. 

6 ‘‘(4) TECHNICAL CONSIDERATIONS.—In evalu7 ating proposals, the Secretary shall take into ac8 count the efficiency, cost, safety, and proliferation 

9 resistance of competing reactor designs. 

10 ‘‘(5) COST-SHARE REQUIREMENTS.— 

11 ‘‘(A) DESIGN DEVELOPMENT.—Notwith12 standing section 988, the Secretary shall re13 quire that not less than 50 percent of the cost 

14 of the development of each small modular reac15 tor design under paragraph (2)(A) be provided 

16 by a non-Federal source. 

17 ‘‘(B) LICENSING DEMONSTRATION.—Not18 withstanding section 988, the Secretary shall 

19 require that not less than 75 percent of the cost 

20 of the licensing demonstration of each small 

21 modular reactor design under paragraph (2)(B) 

22 be provided by a non-Federal source. 

23 ‘‘(C) CALCULATION OF AMOUNT.—Non24 Federal contributions under this subsection 


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1 shall be calculated in accordance with section 

2 988(d).’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Power 2021 

5 Act’’. 

6 SEC. 2. NUCLEAR POWER 2021 INITIATIVE. 

7 Section 952 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16272) is amended by striking subsection (c) and 

9 inserting the following: 

10 ‘‘(c) NUCLEAR POWER 2021 INITIATIVE.— 

11 ‘‘(1) DEFINITIONS.—In this subsection: 

12 ‘‘(A) COMBINED LICENSE.—The term ‘com13 bined license’ has the meaning given the term in 

14 section 52.1 of title 10, Code of Federal Regula15 tions (or a successor regulation). 

16 ‘‘(B) DESIGN CERTIFICATION.—The term 

17 ‘design certification’ has the meaning given the 

18 term in section 52.1 of title 10, Code of Federal 

19 Regulations (or a successor regulation). 

20 ‘‘(C) EARLY SITE PERMIT.—The term ‘early 

21 site permit’ has the meaning given the term in 

22 section 52.1 of title 10, Code of Federal Regula23 tions (or a successor regulation). 


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1 ‘‘(D) SMALL MODULAR REACTOR.—The 

2 term ‘small modular reactor’ means a nuclear 

3 reactor— 

4 ‘‘(i) with a rated capacity of less than 

5 300 electrical megawatts; and 

6 ‘‘(ii) that can be constructed and oper7 ated in combination with similar reactors 

8 at a single site. 

9 ‘‘(2) DUTY OF SECRETARY.—The Secretary shall 

10 carry out, through cooperative agreements with pri11 vate sector partners— 

12 ‘‘(A) a program— 

13 ‘‘(i) to develop a standard design for 

14 not less than 2 small modular reactors, at 

15 least 1 of which has a rated capacity of not 

16 more than 50 electrical megawatts; and 

17 ‘‘(ii) to obtain a design certification 

18 from the Nuclear Regulatory Commission 

19 for each of the standard designs by January 

20 1, 2018; 

21 ‘‘(B) a program to demonstrate the licens22 ing of small modular reactors by— 

23 ‘‘(i) developing applications for a com24 bined license for each of the designs certified 

25 pursuant to subparagraph (A); and 


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1 ‘‘(ii) obtaining a combined license 

2 from the Nuclear Regulatory Commission 

3 for each of the designs by January 1, 2021; 

4 and 

5 ‘‘(C) a program to obtain an early site per6 mit for 1 or more small modular reactors. 

7 ‘‘(3) MERIT REVIEW OF PROPOSALS.—The Sec8 retary shall select proposals for cooperative agree9 ments under this subsection— 

10 ‘‘(A) on the basis of an impartial review of 

11 the scientific and technical merit of the pro12 posals; and 

13 ‘‘(B) through the use of competitive proce14 dures. 

15 ‘‘(4) TECHNICAL CONSIDERATIONS.—In evalu16 ating proposals, the Secretary shall take into account 

17 the efficiency, cost, safety, and proliferation resistance 

18 of competing reactor designs. 

19 ‘‘(5) COST-SHARE REQUIREMENTS.— 

20 ‘‘(A) DESIGN DEVELOPMENT.—Notwith21 standing section 988, the Secretary shall require 

22 that not less than 50 percent of the cost of the 

23 development of each small modular reactor de24 sign under paragraph (2)(A), and each early site 


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1 permit under paragraph (2)(C), be provided by 

2 a non-Federal source. 

3 ‘‘(B) LICENSING DEMONSTRATION.—Not4 withstanding section 988, the Secretary shall re5 quire that not less than 75 percent of the cost of 

6 the licensing demonstration of each small mod7 ular reactor design under paragraph (2)(B) be 

8 provided by a non-Federal source. 

9 ‘‘(C) CALCULATION OF AMOUNT.—Non-Fed10 eral contributions under this subsection shall be 

11 calculated in accordance with section 988(d).’’. 

Amend the title so as to read as follows: ‘‘To amend 

the Energy Policy Act of 2005 to require the Secretary 

of Energy to carry out programs to develop and demonstrate small modular nuclear reactor designs, and for 

other purposes.’’ 


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srobinson on DSK4SPTVN1PROD with BILLS
Calendar No. 137 

112TH CONGRESS 

1ST SESSION S. 512 

[Report No. 112–57] 

A BILL 

To amend the Energy Policy Act of 2005 to require 

reactor designs, and for other purposes. develop and demonstrate 2 small modular nuclear the Secretary of Energy to carry out programs to 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported with an amendment and an amendment to the 

title 


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