II 

111TH CONGRESS 

1ST SESSION S. 2812 

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 

NOVEMBER 20, 2009 

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

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

Committee on Energy and Natural Resources 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act’’. 


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1 SEC. 2. NUCLEAR POWER 2021 INITIATIVE. 

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

3 U.S.C. 16272) is amended by adding at the end the fol4 lowing: 

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

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

7 ‘‘(A) COMBINED LICENSE.—The term 

8 ‘combined license’ has the meaning given the 

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

10 Regulations (or a successor regulation). 

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

12 ‘design certification’ has the meaning given the 

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

14 Regulations (or a successor regulation). 

15 ‘‘(C) SMALL MODULAR REACTOR.—The 

16 term ‘small modular reactor’ means a nuclear 

17 reactor— 

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

19 300 electrical megawatts; and 

20 ‘‘(ii) that can be constructed and op21 erated in combination with similar reactors 

22 at a single site. 

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

24 shall carry out, through cooperative agreements with 

25 private sector partners— 

26 ‘‘(A) a program— 


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

2 each of 2 small modular reactors, at least 

3 1 of which has a rated capacity of not 

4 more than 50 electrical megawatts; and 

5 ‘‘(ii) to obtain a design certification 

6 from the Nuclear Regulatory Commission 

7 for each of the 2 standard designs by Jan8 uary 1, 2018; and 

9 ‘‘(B) a program to demonstrate the licens10 ing of small modular reactors by— 

11 ‘‘(i) developing applications for a com12 bined license for each of the designs cer13 tified pursuant to subparagraph (A); and 

14 ‘‘(ii) obtaining a combined license 

15 from the Nuclear Regulatory Commission 

16 for each of the designs by January 1, 

17 2021. 

18 ‘‘(3) MERIT REVIEW OF PROPOSALS.—The Sec19 retary shall select proposals for cooperative agree20 ments under this subsection— 

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

22 the scientific and technical merit of the pro23 posals; and 

24 ‘‘(B) through the use of competitive proce25 dures. 


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1 ‘‘(4) TECHNICAL CONSIDERATIONS.—In evalu2 ating proposals, the Secretary shall take into ac3 count the efficiency, cost, safety, and proliferation 

4 resistance of competing reactor designs. 

5 ‘‘(5) COST-SHARE REQUIREMENTS.— 

6 ‘‘(A) DESIGN DEVELOPMENT.—Notwith7 standing section 988, the Secretary shall re8 quire that not less than 50 percent of the cost 

9 of the development of each small modular reac10 tor design under paragraph (2)(A) be provided 

11 by a non-Federal source. 

12 ‘‘(B) LICENSING DEMONSTRATION.—Not13 withstanding section 988, the Secretary shall 

14 require that not less than 75 percent of the cost 

15 of the licensing demonstration of each small 

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

17 be provided by a non-Federal source. 

18 ‘‘(C) CALCULATION OF AMOUNT.—Non19 Federal contributions under this subsection 

20 shall be calculated in accordance with section 

21 988(d).’’. 

Æ 


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