I 

111TH CONGRESS 

2D SESSION H. R. 5164 

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 HOUSE OF REPRESENTATIVES 

APRIL 28, 2010 

Mr. ALTMIRE (for himself, Mr. BARTON of Texas, Mr. FOSTER, Mr. UPTON, 

Mr. ROSS, Mrs. MYRICK, Mr. MELANCON, Mr. ROGERS of Michigan, Mr. 

MCMAHON, Mr. BARTLETT, Mr. MURPHY of New York, Mrs. BIGGERT, 

Mr. PERRIELLO, Mr. SHIMKUS, Mr. MURPHY of Connecticut, Mrs. BONO

MACK, Mr. SALAZAR, Mr. GRIFFITH, and Mrs. HALVORSON) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committee on Science and Technology, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

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, 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 5164 IH

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. 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 5164 IH

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— 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 5164 IH

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 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 5164 IH

1 shall be calculated in accordance with section 

2 988(d).’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS