II 

110TH CONGRESS 

1ST SESSION S. 784 

To amend the Nuclear Waste Policy Act of 1982 to require commercial 

nuclear power plant operators to transfer spent nuclear fuel from the 

spent nuclear fuel pools of the operators into spent nuclear fuel dry 

casks at independent spent fuel storage installations of the operators 

that are licensed by the Nuclear Regulatory Commission, to convey 

to the Secretary of Energy title to all such transferred spent nuclear 

fuel, to provide for the transfer to the Secretary of the independent 

spent fuel storage installation operating responsibility of each plant together with the license granted by the Commission for the installation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2007 

Mr. REID (for himself, Mr. ENSIGN, and Mr. BENNETT) 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 require 

commercial nuclear power plant operators to transfer 

spent nuclear fuel from the spent nuclear fuel pools 

of the operators into spent nuclear fuel dry casks at 

independent spent fuel storage installations of the operators that are licensed by the Nuclear Regulatory Commission, to convey to the Secretary of Energy title to 

all such transferred spent nuclear fuel, to provide for 

the transfer to the Secretary of the independent spent 

fuel storage installation operating responsibility of each 


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plant together with the license granted by the Commission for the installation, 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 ‘‘Federal Accountability 

5 for Nuclear Waste Storage Act of 2007’’. 

6 SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. 

7 (a) IN GENERAL.—Title I of the Nuclear Waste Pol8 icy Act of 1982 (42 U.S.C. 10121 et seq.) is amended 

9 by adding at the end the following: 

10 ‘‘Subtitle I—Dry Cask Storage of 

11 Spent Nuclear Fuel 

12 ‘‘SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) CONTRACTOR.—The term ‘contractor’ 

15 means a person that holds a contract under section 

16 302(a) and is licensed by the Commission to possess 

17 spent nuclear power reactor fuel. 

18 ‘‘(2) SPENT NUCLEAR FUEL DRY CASK.—The 

19 term ‘spent nuclear fuel dry cask’ means the con20 tainer (and all the components and systems associ21 ated with the container)— 

22 ‘‘(A) in which spent nuclear fuel is stored 

23 and naturally cooled at an independent spent 

24 fuel storage installation that is licensed by the 


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1 Commission and located at the power reactor 

2 site; and 

3 ‘‘(B) with a design that is approved by the 

4 Commission by license or rule. 

5 ‘‘(3) SPENT NUCLEAR FUEL POOL.—The term 

6 ‘spent nuclear fuel pool’ means a water-filled con7 tainer on a nuclear power reactor site in which spent 

8 nuclear fuel rods are stored. 

9 ‘‘(b) TRANSFER OF SPENT NUCLEAR FUEL.— 

10 ‘‘(1) IN GENERAL.—A contractor shall transfer 

11 spent nuclear fuel from spent nuclear fuel pools to 

12 spent nuclear fuel dry casks at an independent spent 

13 fuel storage installation that is licensed by the Com14 mission and located at the power reactor site in ac15 cordance with this section. 

16 ‘‘(2) SPENT NUCLEAR FUEL STORED AS OF

17 DATE OF ENACTMENT.—Not later than 6 years after 

18 the date of enactment of this section, a contractor 

19 shall complete the transfer of all spent nuclear fuel 

20 that is stored in spent nuclear fuel pools as of the 

21 date of enactment of this section. 

22 ‘‘(3) SPENT NUCLEAR FUEL STORED AFTER

23 DATE OF ENACTMENT.—Not later than 6 years after 

24 the date on which spent nuclear fuel is discharged 

25 from a reactor, a contractor shall complete the 


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1 transfer of any spent nuclear fuel that is stored in 

2 a spent nuclear fuel pool after the date of enactment 

3 of this section. 

4 ‘‘(4) INADEQUATE FUNDS OR AVAILABILITY.— 

5 If funds are not available to complete a transfer 

6 under paragraph (2) or (3), or if spent nuclear fuel 

7 dry casks suitable for the particular fuel are not 

8 available on reasonable terms and conditions, the 

9 contractor may apply to the Commission to extend 

10 the deadline for the transfer to be completed. 

11 ‘‘(5) COMMISSION LICENSING.— 

12 ‘‘(A) IN GENERAL.—The transfer under 

13 paragraph (2) or (3) shall be to spent nuclear 

14 fuel dry casks generally licensed by the Com15 mission. 

16 ‘‘(B) GENERALLY LICENSED SPENT NU17 CLEAR FUEL DRY CASKS UNAVAILABLE.—If 

18 generally licensed spent nuclear fuel dry casks 

19 described in subparagraph (A) are not avail20 able, the deadlines established in paragraphs 

21 (2) and (3) may be met by the good faith filing 

22 of an application to the Commission for a spe23 cific independent spent fuel storage installation 

24 license. 


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1 ‘‘(C) EXPEDITED REVIEW.—The Commis2 sion shall expedite the review and decision of 

3 the Commission on an application received 

4 under subparagraph (B) in a manner that is 

5 consistent with public health and safety, com6 mon defense and security, and the right of an 

7 interested person to a hearing under the Atomic 

8 Energy Act of 1954 (42 U.S.C. 2011 et seq.). 

9 ‘‘(c) FUNDING.—The Secretary shall make grants to 

10 compensate a contractor for expenses incurred in carrying 

11 out subsection (b), including costs associated with— 

12 ‘‘(1) licensing and construction of an inde13 pendent spent fuel storage installation located at the 

14 power reactor site; 

15 ‘‘(2) fabrication and delivery of spent nuclear 

16 fuel dry casks; 

17 ‘‘(3) transfers of spent nuclear fuel; 

18 ‘‘(4) documentation relating to the transfers; 

19 ‘‘(5) security; and 

20 ‘‘(6) hardening and other safety or security im21 provements. 

22 ‘‘(d) CONVEYANCE OF TITLE.— 

23 ‘‘(1) CERTIFICATION AND CONVEYANCE OF

24 TITLE.— 


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1 ‘‘(A) CERTIFICATION.—The Commission 

2 shall certify to the Secretary when safe and se3 cure transfer of spent nuclear fuel has been car4 ried out under paragraph (2) or (3) of sub5 section (b). 

6 ‘‘(B) ACCEPTANCE OF TITLE.—On receipt 

7 of the certification, the Secretary shall accept 

8 the conveyance of title to the spent nuclear fuel 

9 dry cask (including the contents of the spent 

10 nuclear fuel dry cask) from the contractor. 

11 ‘‘(2) RESPONSIBILITY.— 

12 ‘‘(A) IN GENERAL.—A conveyance of title 

13 under paragraph (1)(B) shall confer on the Sec14 retary full responsibility (including safety, secu15 rity, and financial responsibility) for the subse16 quent possession, stewardship, maintenance, 

17 monitoring, and ultimate disposition of all spent 

18 nuclear fuel transferred to the Secretary. 

19 ‘‘(B) LICENSES.—On conveyance of title— 

20 ‘‘(i) the general or specific Commis21 sion license held by the contractor for the 

22 spent nuclear fuel dry cask shall be termi23 nated; and 

24 ‘‘(ii) a general license for the spent 

25 nuclear fuel dry cask under sections 53 


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1 and 81 of the Atomic Energy Act of 1954 

2 (42 U.S.C. 2073, 2111) shall be issued to 

3 the Secretary. 

4 ‘‘(C) REGULATIONS.—Not later than 5 

5 years after the date of enactment of this sec6 tion, the Commission shall promulgate regula7 tions that establish the terms and conditions for 

8 licenses described in subparagraph (B)(ii). 

9 ‘‘(e) ADMINISTRATION.— 

10 ‘‘(1) IN GENERAL.—Not later than 5 years 

11 after the date of enactment of this section, the Sec12 retary shall establish the capability to carry out sub13 section (d)(2) in a manner that protects the public 

14 health and safety and common defense and security, 

15 and complies with all applicable laws. 

16 ‘‘(2) CONTRACTS WITH LICENSEES.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the Secretary may contract with a 

19 holder of the operating license issued by the 

20 Commission for 1 or more of the power reactors 

21 located on or adjacent to the spent nuclear fuel 

22 dry cask for the performance of all or part of 

23 the tasks required to carry out subsection 

24 (d)(2). 


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1 ‘‘(B) EFFECT OF CONTRACT.—A contract 

2 described in subparagraph (A) shall not relieve 

3 the Secretary of the ultimate responsibility of 

4 the Secretary under subsection (d)(2) and as a 

5 licensee of the Commission.’’. 

6 (b) USE OF WASTE FUND.—Section 302(d) of the 

7 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) 

8 is amended— 

9 (1) in paragraph (5), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (6), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(7) the costs incurred in carrying out sub15 sections (c) and (e) of section 185.’’. 

Æ 


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