IB 

Union Calendar No. 392 

111TH CONGRESS 

2D SESSION H. R. 5866 

[Report No. 111–658] 

To amend the Energy Policy Act of 2005 requiring the Secretary of Energy 

to carry out initiatives to advance innovation in nuclear energy technologies, to make nuclear energy systems more competitive, to increase 

efficiency and safety of civilian nuclear power, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2010 

Mr. GORDON of Tennessee (for himself, Mr. HALL of Texas, Mr. BAIRD, and 

Mr. INGLIS) introduced the following bill; which was referred to the Committee on Science and Technology 

NOVEMBER 18, 2010 

Additional sponsor: Mrs. BIGGERT

NOVEMBER 18, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on July 27, 2010] 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 5866 RH

A BILL 

To amend the Energy Policy Act of 2005 requiring the 

Secretary of Energy to carry out initiatives to advance 

innovation in nuclear energy technologies, to make nuclear energy systems more competitive, to increase efficiency and safety of civilian nuclear power, and for other 

purposes. 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 5866 RH

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 ‘‘Nuclear Energy Re5 search and Development Act of 2010’’. 

6 SEC. 2. OBJECTIVES. 

7 Section 951(a) of the Energy Policy Act of 2005 (42 

8 U.S.C. 16271(a)) is amended— 

9 (1) by redesignating paragraphs (2) through (8) 

10 as paragraphs (5) through (11), respectively; 

11 (2) by inserting after paragraph (1) the fol12 lowing new paragraphs: 

13 ‘‘(2) Reducing the costs of nuclear reactor sys14 tems. 

15 ‘‘(3) Reducing used nuclear fuel and nuclear 

16 waste products generated by civilian nuclear energy. 

17 ‘‘(4) Supporting technological advances in areas 

18 that industry by itself is not likely to undertake be19 cause of technical and financial uncertainty.’’; and 

20 (3) by inserting after paragraph (11), as so re21 designated, the following new paragraph: 

22 ‘‘(12) Researching and developing technologies 

23 and processes so as to improve and streamline the 

24 process by which nuclear power systems meet Federal 

25 and State requirements and standards.’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
4 

•HR 5866 RH

1 SEC. 3. FUNDING. 

2 Section 951 of the Energy Policy Act of 2005 (42 

3 U.S.C. 16271) is further amended— 

4 (1) in subsection (b), by striking paragraphs (1) 

5 through (3) and inserting the following: 

6 ‘‘(1) $419,000,000 for fiscal year 2011; 

7 ‘‘(2) $429,000,000 for fiscal year 2012; and 

8 ‘‘(3) $439,000,000 for fiscal year 2013.’’; and 

9 (2) in subsection (d)— 

10 (A) by striking ‘‘under subsection (a)’’ and 

11 inserting ‘‘under subsection (b)’’; 

12 (B) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) For activities under section 953— 

15 ‘‘(A) $201,000,000 for fiscal year 2011; 

16 ‘‘(B) $201,000,000 for fiscal year 2012; and 

17 ‘‘(C) $201,000,000 for fiscal year 2013.’’; 

18 and 

19 (C) by inserting after paragraph (3) the fol20 lowing new paragraphs: 

21 ‘‘(4) For activities under section 952, other than 

22 those described in section 952(d)— 

23 ‘‘(A) $64,000,000 for fiscal year 2011; 

24 ‘‘(B) $64,000,000 for fiscal year 2012; and 

25 ‘‘(C) $64,000,000 for fiscal year 2013. 

26 ‘‘(5) For activities under section 952(d)— 


emcdonald on DSK2BSOYB1PROD with BILLS
5 

•HR 5866 RH

1 ‘‘(A) $55,000,000 for fiscal year 2011; 

2 ‘‘(B) $65,000,000 for fiscal year 2012; and 

3 ‘‘(C) $75,000,000 for fiscal year 2013. 

4 ‘‘(6) For activities under section 958— 

5 ‘‘(A) $99,000,000 for fiscal year 2011; 

6 ‘‘(B) $99,000,000 for fiscal year 2012; and 

7 ‘‘(C) $99,000,000 for fiscal year 2013.’’. 

8 SEC. 4. PROGRAM OBJECTIVES STUDY. 

9 Section 951 of the Energy Policy Act of 2005 (42 

10 U.S.C. 16271) is amended by adding at the end the fol11 lowing new subsection: 

12 ‘‘(f) PROGRAM OBJECTIVES STUDY.—In furtherance of 

13 the program objectives listed in subsection (a) of this sec14 tion, the Secretary shall, within one year after the date of 

15 enactment of this subsection, transmit to the Congress a re16 port on the results of a study on the scientific and technical 

17 merit of major State requirements and standards, including 

18 moratoria, that delay or impede the further development 

19 and commercialization of nuclear power, and how the Fed20 eral Government can assist in overcoming such delays or 

21 impediments.’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
6 

•HR 5866 RH

1 SEC. 5. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT 

2 PROGRAMS. 

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

4 U.S.C. 16272) is amended by striking subsections (c) 

5 through (e) and inserting the following: 

6 ‘‘(c) REACTOR CONCEPTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall carry 

8 out a program of research, development, demonstra9 tion, and commercial application to advance nuclear 

10 power systems as well as technologies to sustain cur11 rently deployed systems. 

12 ‘‘(2) DESIGNS AND TECHNOLOGIES.—In con13 ducting the program under this subsection, the Sec14 retary shall examine advanced reactor designs and 

15 nuclear technologies, including those that— 

16 ‘‘(A) are economically competitive with 

17 other electric power generation plants; 

18 ‘‘(B) have higher efficiency, lower cost, and 

19 improved safety compared to reactors in oper20 ation as of the date of enactment of the Nuclear 

21 Energy Research and Development Act of 2010; 

22 ‘‘(C) utilize passive safety features; 

23 ‘‘(D) minimize proliferation risks; 

24 ‘‘(E) substantially reduce production of 

25 high-level waste per unit of output; 


emcdonald on DSK2BSOYB1PROD with BILLS
7 

•HR 5866 RH

1 ‘‘(F) increase the life and sustainability of 

2 reactor systems currently deployed; 

3 ‘‘(G) use improved instrumentation; 

4 ‘‘(H) are capable of producing large-scale 

5 quantities of hydrogen or process heat; or 

6 ‘‘(I) minimize water usage or use alter7 natives to water as a cooling mechanism. 

8 ‘‘(3) INTERNATIONAL COOPERATION.—In car9 rying out the program under this subsection, the Sec10 retary shall seek opportunities to enhance the progress 

11 of the program through international cooperation 

12 through such organizations as the Generation IV 

13 International Forum, or any other international col14 laboration the Secretary considers appropriate. 

15 ‘‘(4) EXCEPTIONS.—No funds authorized to be 

16 appropriated to carry out the activities described in 

17 this subsection shall be used to fund the activities au18 thorized under sections 641 through 645.’’. 

19 SEC. 6. SMALL MODULAR REACTOR PROGRAM. 

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

21 U.S.C. 16272) is further amended by adding at the end the 

22 following new subsection: 

23 ‘‘(d) SMALL MODULAR REACTOR PROGRAM.— 

24 ‘‘(1) IN GENERAL.— 


emcdonald on DSK2BSOYB1PROD with BILLS
8 

•HR 5866 RH

1 ‘‘(A) The Secretary shall carry out a small 

2 modular reactor program to promote research, 

3 development, demonstration, and commercial ap4 plication of small modular reactors, including 

5 through cost-shared projects for commercial ap6 plication of reactor systems designs. 

7 ‘‘(B) The Secretary shall consult with and 

8 utilize the expertise of the Secretary of the Navy 

9 in establishing and carrying out such program. 

10 ‘‘(C) Activities may also include develop11 ment of advanced computer modeling and sim12 ulation tools, by Federal and non-Federal enti13 ties, which demonstrate and validate new design 

14 capabilities of innovative small modular reactor 

15 designs. 

16 ‘‘(2) DEFINITION.—For the purposes of this sub17 section, the term ‘small modular reactor’ means a nu18 clear reactor— 

19 ‘‘(A) with a rated capacity of less than 300 

20 electrical megawatts; 

21 ‘‘(B) with respect to which most parts can 

22 be factory assembled and shipped as modules to 

23 a reactor plant site for assembly; and 


emcdonald on DSK2BSOYB1PROD with BILLS
9 

•HR 5866 RH

1 ‘‘(C) that can be constructed and operated 

2 in combination with similar reactors at a single 

3 site. 

4 ‘‘(3) LIMITATION.—Demonstration activities car5 ried out under this section shall be limited to indi6 vidual technologies and systems, and shall not include 

7 demonstration of full reactor systems or full plant op8 erations. 

9 ‘‘(4) ADMINISTRATION.—In conducting the small 

10 modular reactor program, the Secretary may enter 

11 into cooperative agreements to support small modular 

12 reactor designs that enable— 

13 ‘‘(A) lower capital costs or increased access 

14 to private financing in comparison to current 

15 large reactor designs; 

16 ‘‘(B) reduced long-term radiotoxicity, mass, 

17 or decay heat of the nuclear waste produced by 

18 generation; 

19 ‘‘(C) increased operating safety of nuclear 

20 facilities; 

21 ‘‘(D) reduced dependence of reactor systems 

22 on water resources; 

23 ‘‘(E) increased seismic resistance of nuclear 

24 generation; 


emcdonald on DSK2BSOYB1PROD with BILLS
10 

•HR 5866 RH

1 ‘‘(F) reduced proliferation risks through in2 tegrated safeguards and security proliferation 

3 controls; and 

4 ‘‘(G) increased efficiency in reactor manu5 facturing and construction. 

6 ‘‘(5) APPLICATION.—To be eligible to enter into 

7 a cooperative agreement with the Secretary under this 

8 subsection, an applicant shall submit to the Secretary 

9 a proposal for the small modular reactor project to be 

10 undertaken. The proposal shall document— 

11 ‘‘(A) all partners and suppliers that will be 

12 active in the small modular reactor project, in13 cluding a description of each partner or sup14 plier’s anticipated domestic and international 

15 activities; 

16 ‘‘(B) measures to be undertaken to enable 

17 cost-effective implementation of the small mod18 ular reactor project; 

19 ‘‘(C) an accounting structure approved by 

20 the Secretary; 

21 ‘‘(D) all known assets that shall be contrib22 uted to satisfy the cost-sharing requirement 

23 under paragraph (6); and 


emcdonald on DSK2BSOYB1PROD with BILLS
11 

•HR 5866 RH

1 ‘‘(E) the extent to which the proposal will 

2 increase domestic manufacturing activity, ex3 ports, or employment. 

4 ‘‘(6) COST SHARING.—Notwithstanding section 

5 988, the Secretary shall require the parties to a coop6 erative agreement under this subsection to be respon7 sible for not less than 50 percent of the costs of the 

8 small modular reactor project. 

9 ‘‘(7) CALCULATION OF COST SHARING AMOUNT.— 

10 A recipient of financial assistance under this section 

11 may not satisfy the cost sharing requirement under 

12 paragraph (6) by using funds received from the Fed13 eral Government through appropriation Acts. 

14 ‘‘(8) PROJECT SELECTION CRITERIA.—The Sec15 retary shall consider the following factors in entering 

16 into a cooperative agreement under this subsection: 

17 ‘‘(A) The domestic manufacturing capabili18 ties of the parties to the cooperative agreement 

19 and their partners and suppliers. 

20 ‘‘(B) The viability of the reactor design and 

21 the business plan or plans of the parties to the 

22 cooperative agreement. 

23 ‘‘(C) The parties to the cooperative agree24 ment’s potential to continue the development of 


emcdonald on DSK2BSOYB1PROD with BILLS
12 

•HR 5866 RH

1 small modular reactors without Federal subsidies 

2 or loan guarantees. 

3 ‘‘(D) The cost share to be provided. 

4 ‘‘(E) The degree to which the following goals 

5 will be advanced: 

6 ‘‘(i) Lower capital costs or increased 

7 access to private financing in comparison to 

8 current large reactor designs. 

9 ‘‘(ii) Reduced long-term radiotoxicity, 

10 mass, or decay heat of the nuclear waste 

11 produced by generation. 

12 ‘‘(iii) Increased operating safety of nu13 clear facilities. 

14 ‘‘(iv) Reduced dependence of reactor 

15 systems on water resources. 

16 ‘‘(v) Increased seismic resistance of nu17 clear generation. 

18 ‘‘(vi) Reduced proliferation risks 

19 through integrated safeguards and security 

20 proliferation controls. 

21 ‘‘(vii) Increased efficiency in reactor 

22 manufacturing and construction.’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
13 

•HR 5866 RH

1 SEC. 7. CONVENTIONAL IMPROVEMENTS TO NUCLEAR 

2 POWER PLANTS. 

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

4 U.S.C. 16272) is further amended by adding at the end the 

5 following new subsection: 

6 ‘‘(e) CONVENTIONAL IMPROVEMENTS TO NUCLEAR

7 POWER PLANTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary may carry out 

9 a Nuclear Energy Research Initiative for research 

10 and development related to steam-side improvements 

11 to nuclear power plants to promote the research, de12 velopment, demonstration, and commercial applica13 tion of— 

14 ‘‘(A) cooling systems; 

15 ‘‘(B) turbine technologies; 

16 ‘‘(C) heat exchangers and pump design; 

17 ‘‘(D) special coatings to improve lifetime of 

18 components and performance of heat exchangers; 

19 and 

20 ‘‘(E) advanced power conversion systems for 

21 advanced reactor technologies. 

22 ‘‘(2) ADMINISTRATION.—The Secretary may un23 dertake initiatives under this subsection only when 

24 the goals are relevant and proper to enhance the per25 formance of technologies developed under subsection 

26 (c). Not more than $10,000,000 of funds authorized 


emcdonald on DSK2BSOYB1PROD with BILLS
14 

•HR 5866 RH

1 for this section may be used for carrying out this sub2 section.’’. 

3 SEC. 8. FUEL CYCLE RESEARCH AND DEVELOPMENT. 

4 (a) AMENDMENTS.—Section 953 of the Energy Policy 

5 Act of 2005 (42 U.S.C. 16273) is amended— 

6 (1) in the section heading by striking ‘‘AD7 VANCED FUEL CYCLE INITIATIVE’’ and inserting 

8 ‘‘FUEL CYCLE RESEARCH AND DEVELOPMENT’’; 

9 (2) by striking subsection (a); 

10 (3) by redesignating subsections (b) through (d) 

11 as subsections (e) through (g), respectively; and 

12 (4) by inserting before subsection (e), as so redes13 ignated by paragraph (3) of this subsection, the fol14 lowing new subsections: 

15 ‘‘(a) IN GENERAL.—The Secretary shall conduct a fuel 

16 cycle research, development, demonstration, and commercial 

17 application program (referred to in this section as the ‘pro18 gram’) on fuel cycle options that improve uranium resource 

19 utilization, maximize energy generation, minimize nuclear 

20 waste creation, improve safety, mitigate risk of prolifera21 tion, and improve waste management in support of a na22 tional strategy for spent nuclear fuel and the reactor con23 cepts research, development, demonstration, and commer24 cial application program under section 952(c). 


emcdonald on DSK2BSOYB1PROD with BILLS
15 

•HR 5866 RH

1 ‘‘(b) FUEL CYCLE OPTIONS.—Under this section the 

2 Secretary may consider implementing the following initia3 tives: 

4 ‘‘(1) OPEN CYCLE.—Developing fuels, including 

5 the use of nonuranium materials, for use in reactors 

6 that increase energy generation and minimize the 

7 amount of nuclear waste produced in an open fuel 

8 cycle. 

9 ‘‘(2) MODIFIED OPEN CYCLE.—Developing fuel 

10 forms, reactors, and limited separation and trans11 mutation methods that increase fuel utilization and 

12 reduce nuclear waste in a modified open fuel cycle. 

13 ‘‘(3) FULL RECYCLE.—Developing advanced re14 cycling technologies, including Generation IV Reac15 tors, to reduce the risk of proliferation, radiotoxicity, 

16 mass, and decay heat to the greatest extent possible. 

17 ‘‘(4) ADVANCED STORAGE METHODS.—Devel18 oping advanced storage technologies for both onsite 

19 and long-term storage that substantially prolong the 

20 effective life of current storage devices or that substan21 tially improve upon existing nuclear waste storage 

22 technologies and methods, including repositories. 

23 ‘‘(5) ALTERNATIVE AND DEEP BOREHOLE STOR24 AGE METHODS.—Developing alternative storage meth25 ods for long-term storage, including deep boreholes 


emcdonald on DSK2BSOYB1PROD with BILLS
16 

•HR 5866 RH

1 into stable crystalline rock formations and mined re2 positories in a range of geologic media. 

3 ‘‘(6) OTHER TECHNOLOGIES.—Developing any 

4 other technology or initiative that the Secretary deter5 mines is likely to advance the objectives of the pro6 gram established under subsection (a). 

7 ‘‘(c) ADDITIONAL ADVANCED RECYCLING AND CROSS8 CUTTING ACTIVITIES.—In addition to and in support of the 

9 specific initiatives described in paragraphs (1) through (6), 

10 the Secretary may support the following activities: 

11 ‘‘(1) Development and testing of integrated proc12 ess flow sheets for advanced nuclear fuel recycling 

13 processes. 

14 ‘‘(2) Research to characterize the byproducts and 

15 waste streams resulting from fuel recycling processes. 

16 ‘‘(3) Research and development on reactor con17 cepts or transmutation technologies that improve re18 source utilization or reduce the radiotoxicity of waste 

19 streams. 

20 ‘‘(4) Research and development on waste treat21 ment processes and separations technologies, advanced 

22 waste forms, and quantification of proliferation risks. 

23 ‘‘(5) Identification and evaluation of test and ex24 perimental facilities necessary to successfully imple25 ment the advanced fuel cycle initiative. 


emcdonald on DSK2BSOYB1PROD with BILLS
17 

•HR 5866 RH

1 ‘‘(6) Advancement of fuel cycle-related modeling 

2 and simulation capabilities. 

3 ‘‘(d) BLUE RIBBON COMMISSION REPORT.— 

4 ‘‘(1) In carrying out this section, the Secretary 

5 shall give consideration to the final report on a long6 term nuclear waste solution produced by the Blue 

7 Ribbon Commission on America’s Nuclear Future. 

8 ‘‘(2) Not later than 180 days after the release of 

9 the Blue Ribbon Commission on America’s Nuclear 

10 Future final report, the Secretary shall transmit to 

11 Congress a report, which shall include— 

12 ‘‘(A) any plans the Department may have 

13 to incorporate any relevant recommendations 

14 from this report into the program; and 

15 ‘‘(B) how those recommendations for long16 term nuclear waste solutions that will be incor17 porated into the plan compare with plans for a 

18 long-term nuclear waste solution of a repository 

19 at Yucca Mountain, that may or may not be in20 corporated into the plan, with regard to the safe21 ty, security, legal, cost, and technological and 

22 site readiness factors associated with any rec23 ommendations related to final disposition path24 ways for spent nuclear fuel and high-level radio25 active waste to the same factors associated with 


emcdonald on DSK2BSOYB1PROD with BILLS
18 

•HR 5866 RH

1 permanent deep geological disposal at the Yucca 

2 Mountain waste repository. 

3 ‘‘(3) The analysis described in paragraph (2)(B) 

4 shall be conducted using scientific and technical ma5 terials and information used to support policy actions 

6 related to the Yucca Mountain project.’’. 

7 (b) CONFORMING AMENDMENT.—The item relating to 

8 section 953 in the table of contents of the Energy Policy 

9 Act of 2005 is amended to read as follows: 

‘‘Sec. 953. Fuel cycle research and development.’’. 

10 SEC. 9. NUCLEAR ENERGY ENABLING TECHNOLOGIES PRO11 GRAM. 

12 (a) AMENDMENT.—Subtitle E of title IX of the Energy 

13 Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended 

14 by adding at the following new section: 

15 ‘‘SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES. 

16 ‘‘(a) IN GENERAL.—The Secretary shall conduct a pro17 gram to support the integration of activities undertaken 

18 through the reactor concepts research, development, dem19 onstration, and commercial application program under sec20 tion 952(c) and the fuel cycle research and development pro21 gram under section 953, and support crosscutting nuclear 

22 energy concepts. Activities commenced under this section 

23 shall be concentrated on broadly applicable research and de24 velopment focus areas. 


emcdonald on DSK2BSOYB1PROD with BILLS
19 

•HR 5866 RH

1 ‘‘(b) ACTIVITIES.—Activities conducted under this sec2 tion may include research involving— 

3 ‘‘(1) advanced reactor materials; 

4 ‘‘(2) advanced radiation mitigation methods; 

5 ‘‘(3) advanced proliferation and security risk as6 sessment methods; 

7 ‘‘(4) advanced sensors and instrumentation; 

8 ‘‘(5) advanced nuclear manufacturing methods; 

9 or 

10 ‘‘(6) any crosscutting technology or trans11 formative concept aimed at establishing substantial 

12 and revolutionary enhancements in the performance 

13 of future nuclear energy systems that the Secretary 

14 considers relevant and appropriate to the purpose of 

15 this section. 

16 ‘‘(c) REPORT.—The Secretary shall submit, as part of 

17 the annual budget submission of the Department, a report 

18 on the activities of the program conducted under this sec19 tion, which shall include a brief evaluation of each activi20 ty’s progress.’’. 

21 (b) CONFORMING AMENDMENT.—The table of contents 

22 of the Energy Policy Act of 2005 is amended by adding 

23 at the end of the items for subtitle E of title IX the following 

24 new item: 

‘‘Sec. 958. Nuclear energy enabling technologies.’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
20 

•HR 5866 RH

1 SEC. 10. EMERGENCY RISK ASSESSMENT AND PREPARED2 NESS REPORT. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary shall transmit to the Congress a 

5 report summarizing quantitative risks associated with the 

6 potential of a severe accident arising from the use of civil7 ian nuclear energy technology, including reactor technology 

8 deployed or likely to be deployed as of the date of enactment 

9 of this Act, and outlining the technologies currently avail10 able to mitigate the consequences of such an accident. The 

11 report shall include recommendations of areas of techno12 logical development that should be pursued to reduce the 

13 potential public harm arising from such an incident. 

14 SEC. 11. NEXT GENERATION NUCLEAR PLANT. 

15 (a) PROTOTYPE PLANT LOCATION.—Section 642(b)(3) 

16 of the Energy Policy Act of 2005 (42 U.S.C. 16022(b)(3)) 

17 is amended to read as follows: 

18 ‘‘(3) PROTOTYPE PLANT LOCATION.—The proto19 type nuclear reactor and associated plant shall be 

20 constructed at a location determined by the consor21 tium through an open and transparent competitive 

22 selection process.’’. 

23 (b) REPORT.— 

24 (1) REQUIREMENT.—Not later than 1 year after 

25 the date of enactment of this Act, the Comptroller 

26 General shall transmit to the Congress a report proVerDate Mar 15 2010 21:04 Nov 18, 2010 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H5866.RH H5866

emcdonald on DSK2BSOYB1PROD with BILLS
21 

•HR 5866 RH

1 viding a status update of the Next Generation Nuclear 

2 Plant program that provides analysis of— 

3 (A) its progress; 

4 (B) how Federal funds appropriated for the 

5 project have been distributed and spent; and 

6 (C) the current and expected participation 

7 by non-Federal entities. 

8 (2) CONTENTS.—The report shall include— 

9 (A) an analysis of the proposed facility’s 

10 technical capabilities and remaining techno11 logical development challenges, and a cost esti12 mate and construction schedule; 

13 (B) an assessment of the advantages and 

14 disadvantages of funding a pilot-scale research 

15 reactor project in lieu of a full-scale commercial 

16 power reactor; 

17 (C) an assessment of alternative construc18 tion sites proposed by private industry; 

19 (D) an assessment of the extent to which the 

20 Department of Energy is working with industry 

21 and the Nuclear Regulatory Commission to en22 sure that the Next Generation Nuclear Plant pro23 gram meets industry expectations for long-term 

24 application of technologies and addresses poten25 tial licensing procedures for deployment; 


emcdonald on DSK2BSOYB1PROD with BILLS
22 

•HR 5866 RH

1 (E) an assessment of the known or antici2 pated challenges to securing private non-Federal 

3 cost share funds and any measures to overcome 

4 these challenges, including any alternative fund5 ing approaches such as front loading the Federal 

6 share; 

7 (F) an assessment of project risks, including 

8 those related to— 

9 (i) project scope, schedule, and re10 sources; 

11 (ii) the formation of partnerships or 

12 agreements between the Department and the 

13 private sector necessary for the project’s suc14 cess; and 

15 (iii) the Department’s capabilities to 

16 identify and manage such risks; and 

17 (G) an assessment of what is known about 

18 the potential impact of natural gas and other 

19 fossil fuel prices on private entity participation 

20 in the project. 

21 SEC. 12. TECHNICAL STANDARDS COLLABORATION. 

22 (a) IN GENERAL.—The Director of the National Insti23 tute of Standards and Technology shall establish a nuclear 

24 energy standards committee (in this section referred to as 

25 the ‘‘technical standards committee’’) to facilitate and supVerDate Mar 15 2010 21:04 Nov 18, 2010 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H5866.RH H5866

emcdonald on DSK2BSOYB1PROD with BILLS
23 

•HR 5866 RH

1 port, consistent with the National Technology Transfer and 

2 Advancement Act of 1995, the development or revision of 

3 technical standards for new and existing nuclear power 

4 plants and advanced nuclear technologies. 

5 (b) MEMBERSHIP.— 

6 (1) IN GENERAL.—The technical standards com7 mittee shall include representatives from appropriate 

8 Federal agencies and the private sector, and be open 

9 to materially affected organizations involved in the 

10 development or application of nuclear energy-related 

11 standards. 

12 (2) CO-CHAIRS.—The technical standards com13 mittee shall be co-chaired by a representative from the 

14 National Institute of Standards and Technology and 

15 a representative from a private sector standards orga16 nization. 

17 (c) DUTIES.—The technical standards committee shall, 

18 in cooperation with appropriate Federal agencies— 

19 (1) perform a needs assessment to identify and 

20 evaluate the technical standards that are needed to 

21 support nuclear energy, including those needed to 

22 support new and existing nuclear power plants and 

23 advanced nuclear technologies; 

24 (2) formulate, coordinate, and recommend prior25 ities for the development of new technical standards 


emcdonald on DSK2BSOYB1PROD with BILLS
24 

•HR 5866 RH

1 and the revision of existing technical standards to ad2 dress the needs identified under paragraph (1); 

3 (3) facilitate and support collaboration and co4 operation among standards developers to address the 

5 needs and priorities identified under paragraphs (1) 

6 and (2); 

7 (4) as appropriate, coordinate with other na8 tional, regional, or international efforts on nuclear 

9 energy-related technical standards in order to avoid 

10 conflict and duplication and to ensure global compat11 ibility; and 

12 (5) promote the establishment and maintenance 

13 of a database of nuclear energy-related technical 

14 standards. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated $1,000,000 for each of fiscal 

17 years 2011 through 2013 to the Director of the National 

18 Institute for Standards and Technology for activities under 

19 this section. 

20 SEC. 13. EVALUATION OF LONG-TERM OPERATING NEEDS. 

21 (a) IN GENERAL.—The Secretary of Energy shall enter 

22 into an arrangement with the National Academies to con23 duct an evaluation of the scientific and technological chal24 lenges to the long-term maintenance and safe operation of 


emcdonald on DSK2BSOYB1PROD with BILLS
25 

•HR 5866 RH

1 currently deployed nuclear power reactors up to and beyond 

2 the specified design-life of reactor systems. 

3 (b) REPORT.—Not later than 1 year after the date of 

4 enactment of this Act, the Secretary shall transmit to the 

5 Congress, and make publically available, the results of the 

6 evaluation undertaken by the Academies pursuant to sub7 section (a). 

8 SEC. 14. AVAILABLE FACILITIES DATABASE. 

9 The Secretary of Energy shall prepare a database of 

10 non-Federal user facilities receiving Federal funds that may 

11 be used for unclassified nuclear energy research. The Sec12 retary shall make this database accessible on the Depart13 ment of Energy’s website. 

14 SEC. 15. NUCLEAR WASTE DISPOSAL. 

15 Consistent with the requirements of current law, the 

16 Department of Energy shall be responsible for disposal of 

17 high-level radioactive waste or spent nuclear fuel generated 

18 by reactors under the programs authorized in this Act, or 

19 the amendments made by this Act. 


emcdonald on DSK2BSOYB1PROD with BILLS
Union Calendar No. 392 

111TH CONGRESS 

2D SESSION H. R. 5866 

[Report No. 111–658] 

A BILL 

To amend the Energy Policy Act of 2005 requiring 

civilian nuclear power, and for other purposes. competitive, to increase efficiency and safety of nologies, to make nuclear energy systems more to advance innovation in nuclear energy techthe Secretary of Energy to carry out initiatives 

NOVEMBER 18, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK2BSOYB1PROD with BILLS