II 

111TH CONGRESS 

1ST SESSION S. 2776 

To amend the Energy Policy Act of 2005 to create the right business environment for doubling production of clean nuclear energy and other clean 

energy and to create mini-Manhattan projects for clean energy research 

and development. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2009 

Mr. ALEXANDER (for himself and Mr. WEBB) 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 create the 

right business environment for doubling production of 

clean nuclear energy and other clean energy and to create mini-Manhattan projects for clean energy research 

and development. 

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 ‘‘Clean Energy Act of 

5 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) nuclear energy provides— 

2 (A) approximately 19 percent of the elec3 tricity of the United States; and 

4 (B) approximately 70 percent of the car5 bon-dioxide free electricity of the United States; 

6 (2) nuclear energy has the lowest land-use re7 quirements per megawatt of any electricity gener8 ating source; 

9 (3) the majority of the 104 operating reactors 

10 located in the United States were constructed during 

11 a 20-year time period beginning in 1970 and ending 

12 in 1990; and 

13 (4) a broader deployment of nuclear energy (in14 cluding novel methods such as the development of 

15 small reactors and advanced fuel cycles) would 

16 greatly improve the ability of the United States— 

17 (A) to reduce greenhouse gas emissions; 

18 and 

19 (B) to maintain low electricity prices. 

20 SEC. 3. REVISIONS TO LOAN GUARANTEE PROGRAM AU21 THORITY. 

22 (a) DEFINITION OF COMMERCIAL TECHNOLOGY.— 

23 Section 1701(1) of the Energy Policy Act of 2005 (42 

24 U.S.C. 16511(1)) is amended by striking subparagraph 

25 (B) and inserting the following: 


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1 ‘‘(B) EXCLUSION.—The term ‘commercial 

2 technology’ does not include a technology if the 

3 sole use of the technology is in connection 

4 with— 

5 ‘‘(i) a demonstration project; or 

6 ‘‘(ii) a project for which the Secretary 

7 approved a loan guarantee.’’. 

8 (b) SUBROGATION.—Section 1702(g)(2) of the En9 ergy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is 

10 amended by striking subparagraphs (B) and (C) and in11 serting the following: 

12 ‘‘(B) SUPERIORITY OF RIGHTS.—Except as 

13 provided in subparagraph (C), the rights of the 

14 Secretary, with respect to any property ac15 quired pursuant to a guarantee or related 

16 agreements, shall be superior to the rights of 

17 any other person with respect to the property. 

18 ‘‘(C) TERMS AND CONDITIONS.—A guar19 antee agreement shall include such detailed 

20 terms and conditions as the Secretary deter21 mines appropriate to— 

22 ‘‘(i) protect the interests of the United 

23 States in the case of default; 

24 ‘‘(ii) have available all the patents and 

25 technology necessary for any person seVerDate Nov 24 2008 02:22 Nov 17, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2776.IS S2776

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1 lected, including the Secretary, to complete 

2 and operate the project; 

3 ‘‘(iii) provide for sharing the proceeds 

4 received from the sale of project assets 

5 with other creditors or control the disposi6 tion of project assets if necessary to pro7 tect the interests of the United States in 

8 the case of default; and 

9 ‘‘(iv) provide such lien priority in 

10 project assets as necessary to protect the 

11 interests of the United States in the case 

12 of a default.’’. 

13 (c) FEES.—Section 1702(h) of the Energy Policy Act 

14 of 2005 (42 U.S.C. 16512(h)) is amended by striking 

15 paragraph (2) and inserting the following: 

16 ‘‘(2) AVAILABILITY.—Fees collected under this 

17 subsection shall remain available to the Secretary for 

18 expenditure, without further appropriation or fiscal 

19 year limitation, for administrative expenses incurred 

20 in carrying out this title. 

21 ‘‘(3) ADJUSTMENT.—The Secretary may adjust 

22 the amount or manner of collection of fees under 

23 this title as the Secretary determines is necessary to 

24 promote, to the maximum extent practicable, eligible 

25 projects under this title. 


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1 ‘‘(4) EXCESS FEES.—Of the amount of a fee 

2 imposed on an applicant at the conditional commit3 ment stage, 75 percent of the amount shall be re4 fundable to the applicant if there is no financial 

5 close on the application, unless the Secretary deter6 mines that the administrative costs of the Depart7 ment have exceeded the amount retained. 

8 ‘‘(5) CREDIT REPORT.—If, in the opinion of the 

9 Secretary, the credit rating of an applicant is not 

10 relevant to the determination of whether or not sup11 port will be provided and the applicant agrees to ac12 cept the credit rating assigned to the applicant by 

13 the Secretary, the Secretary may waive any require14 ment to provide a third-party credit report.’’. 

15 (d) PROCESSING.—Section 1702 of the Energy Policy 

16 Act of 2005 (42 U.S.C. 16512) is amended by adding at 

17 the end the following: 

18 ‘‘(k) ACCELERATED REVIEWS.—To the maximum ex19 tent practicable and consistent with sound business prac20 tices, the Secretary shall seek to conduct necessary reviews 

21 concurrently of an application for a loan guarantee under 

22 this title such that decisions as to whether to enter into 

23 a commitment on the application can be issued not later 

24 than 180 days after the date of submission of a completed 

25 application.’’. 


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1 (e) ELIGIBLE PROJECTS.—Section 1703(b)(4) of the 

2 Energy Policy Act of 2005 (42 U.S.C. 16513(b)(4)) is 

3 amended by inserting ‘‘(including nuclear power parts, 

4 services, and fuel suppliers)’’ after ‘‘energy facilities’’. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) 

7 is amended— 

8 (1) by redesignating subsection (b) as sub9 section (c); and 

10 (2) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) USE OF FUNDS.—Of the funds made available 

13 under subsection (a), not less than $10,000,000,000 shall 

14 be used to cover the costs of subsidies under this title.’’. 

15 SEC. 4. NUCLEAR REGULATORY COMMISSION. 

16 (a) SENSE OF CONGRESS REGARDING BLUE-RIBBON

17 PANEL FOR DEVELOPMENT OF FEDERAL NUCLEAR

18 WASTE POLICY.—It is the sense of Congress that Con19 gress supports the convening by the President of a blue20 ribbon panel for the development of a Federal nuclear 

21 waste policy. 

22 (b) SMALL NUCLEAR REACTOR DESIGN DEVELOP23 MENT.—Section 952(c) of the Energy Policy Act of 2005 

24 (42 U.S.C. 16272(c)) is amended by adding at the end 

25 the following: 


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1 ‘‘(3) SMALL NUCLEAR REACTOR DESIGN DE2 VELOPMENT.— 

3 ‘‘(A) IN GENERAL.—In carrying out the 

4 Program, in accordance with subparagraph (B), 

5 the Secretary shall offer to enter into coopera6 tive agreements with reactor manufacturers and 

7 electric utilities to license nuclear reactors— 

8 ‘‘(i) the electrical power capacity of 

9 which are less than 350 megawatts per 

10 unit; or 

11 ‘‘(ii) the thermal power capacity of 

12 which are less than 900 megawatts per 

13 unit. 

14 ‘‘(B) REQUIREMENTS.—In carrying out 

15 subparagraph (A), the Secretary shall— 

16 ‘‘(i) ensure that not more than 3 of 

17 the most technically and economically fea18 sible designs will be submitted to the Nu19 clear Regulatory Commission for design 

20 certification and licensing; and 

21 ‘‘(ii) with respect to a reactor, pay to 

22 the Nuclear Regulatory Commission 50 

23 percent of any fees arising from— 

24 ‘‘(I) the design certification of 

25 the reactor; 


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1 ‘‘(II) the first early site permit 

2 for the reactor; and 

3 ‘‘(III) the first combined oper4 ating license for the reactor. 

5 ‘‘(C) RESPONSIBILITY OF NUCLEAR REGU6 LATORY COMMISSION.—Not later than 90 days 

7 after the date of receipt of an application for a 

8 design certification, early site permit, or com9 bined operating license, the Nuclear Regulatory 

10 Commission shall submit to the appropriate 

11 committees of Congress a report regarding the 

12 status of the application. 

13 ‘‘(D) AUTHORIZATION OF APPROPRIA14 TIONS.—There is authorized to be appropriated 

15 to the Secretary to carry out this paragraph 

16 $200,000,000 for each of fiscal years 2011 

17 through 2015, to remain available until ex18 pended.’’. 

19 (c) CONSTRUCTION AND OPERATING LICENCES.— 

20 Section 182 of the Atomic Energy Act of 1954 (42 U.S.C. 

21 2232) is amended by adding at the end the following: 

22 ‘‘e. NUCLEAR WASTE CONFIDENCE.—In considering 

23 applications for the construction and operation of a nu24 clear facility submitted to the Commission under section 

25 103 or 104, the Commission shall consider that sufficient 


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1 capacity will be available in a timely manner to dispose 

2 of spent nuclear fuel and high-level radioactive waste re3 sulting from the operation of the nuclear facility that is 

4 the subject of the application.’’. 

5 SEC. 5. FUNDING FOR WORKFORCE DEVELOPMENT AND 

6 RESEARCH. 

7 (a) NUCLEAR WORKFORCE EDUCATION.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to the Sec10 retary of Education to carry out the education of a 

11 nuclear workforce $100,000,000 for each of fiscal 

12 years 2011 through 2020, to remain available until 

13 expended. 

14 (2) USE OF FUNDS.—In using funds made 

15 available under paragraph (1), the Secretary of Edu16 cation, in consultation with the Secretary of Labor 

17 and the Secretary of Energy, shall— 

18 (A) carry out activities to educate and 

19 train craftsmen, engineers, operators, and other 

20 appropriate workers as determined to be nec21 essary by the Secretary of Education to ensure 

22 an adequate nuclear workforce; and 

23 (B) make grants to develop educational 

24 and cooperative programs at— 


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1 (i) secondary schools, as defined in 

2 section 9101 of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 

4 7801); and 

5 (ii) postsecondary institutions. 

6 (b) NUCLEAR REACTOR LIFETIME-EXTENSION RE7 SEARCH.—There is authorized to be appropriated to the 

8 Secretary of Energy to carry out nuclear reactor uprate 

9 and lifetime-extension research $50,000,000 for each of 

10 fiscal years 2011 through 2020, to remain available until 

11 expended. 

12 (c) CLEAN ENERGY RESEARCH AND DEVELOP13 MENT.— 

14 (1) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary of Energy to carry out research and develop17 ment activities to advance clean energy 

18 $750,000,000 for each of fiscal years 2011 through 

19 2020, to remain available until expended. 

20 (2) USE OF FUNDS.—Of the funds made avail21 able under paragraph (1) for each of fiscal years 

22 2011 through 2020— 

23 (A) $150,000,000 shall be used for the re24 search and development of liquid transportation 

25 biofuels other than ethanol; 


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1 (B) $150,000,000 shall be used for the re2 search and development of marketable— 

3 (i) carbon dioxide capture, storage, or 

4 conversion; or 

5 (ii) beneficial reuses of carbon dioxide; 

6 (C) $150,000,000 shall be used for re7 search and development to reduce the cost of 

8 batteries for electric vehicles; 

9 (D) $150,000,000 shall be used for re10 search and development to make solar elec11 tricity cost-competitive with respect to tradi12 tional sources of electricity generation (includ13 ing coal); and 

14 (E) $150,000,000 shall be used for re15 search and development to recycle used nuclear 

16 fuel (including the research and development of 

17 Generation IV nuclear reactors that are de18 signed to consume recycled nuclear fuel). 

Æ 


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