II 

Calendar No. 600 

111TH CONGRESS 

2D SESSION S. 2812 

[Report No. 111–314] 

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, Mr. UDALL of Colorado, Mr. 

PRYOR, Ms. LANDRIEU, Mr. RISCH, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 27, 2010 

Reported by Mr. BINGAMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 


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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) EARLY SITE PERMIT.—The term ‘early 

19 site permit’ has the meaning given the term in 

20 section 52.1 of title 10, Code of Federal Regula21 tions (or a successor regulation). 

22 ‘‘(C) (D) SMALL MODULAR REACTOR.—The 

23 term ‘small modular reactor’ means a nuclear 

24 reactor— 

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

26 300 electrical megawatts; and 


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1 ‘‘(ii) that can be constructed and op2 erated in combination with similar reactors 

3 at a single site. 

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

5 shall carry out, through cooperative agreements with 

6 private sector partners— 

7 ‘‘(A) a program— 

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

9 each of 2 small modular reactors, at least 

10 1 of which has a rated capacity of not 

11 more than 50 electrical megawatts; and 

12 ‘‘(ii) to obtain a design certification 

13 from the Nuclear Regulatory Commission 

14 for each of the 2 standard designs by Jan15 uary 1, 2018; and 

16 ‘‘(B) a program to demonstrate the licens17 ing of small modular reactors by— 

18 ‘‘(i) developing applications for a com19 bined license for each of the designs cer20 tified pursuant to subparagraph (A); and 

21 ‘‘(ii) obtaining a combined license 

22 from the Nuclear Regulatory Commission 

23 for each of the designs by January 1, 

24 2021.2021; and 


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1 ‘‘(C) a program to obtain an early site per2 mit for 2 sites for 1 or more small modular reac3 tors. 

4 ‘‘(3) MERIT REVIEW OF PROPOSALS.—The Sec5 retary shall select proposals for cooperative agree6 ments under this subsection— 

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

8 the scientific and technical merit of the pro9 posals; and 

10 ‘‘(B) through the use of competitive proce11 dures. 

12 ‘‘(4) TECHNICAL CONSIDERATIONS.—In evalu13 ating proposals, the Secretary shall take into ac14 count the efficiency, cost, safety, and proliferation 

15 resistance of competing reactor designs. 

16 ‘‘(5) COST-SHARE REQUIREMENTS.— 

17 ‘‘(A) DESIGN DEVELOPMENT.—Notwith18 standing section 988, the Secretary shall re19 quire that not less than 50 percent of the cost 

20 of the development of each small modular reac21 tor design under paragraph (2)(A)(2)(A), and 

22 each early site permit under paragraph (2)(C), 

23 be provided by a non-Federal source. 

24 ‘‘(B) LICENSING DEMONSTRATION.—Not25 withstanding section 988, the Secretary shall 


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1 require that not less than 75 percent of the cost 

2 of the licensing demonstration of each small 

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

4 be provided by a non-Federal source. 

5 ‘‘(C) CALCULATION OF AMOUNT.—Non6 Federal contributions under this subsection 

7 shall be calculated in accordance with section 

8 988(d).’’. 


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Calendar No. 600 

111TH CONGRESS 

2D SESSION S. 2812 

[Report No. 111–314] 

A BILL 

To amend the Energy Policy Act of 2005 to require 

reactor designs, and for other purposes. develop and demonstrate 2 small modular nuclear the Secretary of Energy to carry out programs to 

SEPTEMBER 27, 2010 

Reported with amendments 


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