Advanced Nuclear Technology Development Act of 2016

To foster civilian research and development of advanced nuclear energy technologies and enhance the licensing and commercial deployment of such technologies. 1. Short title This Act may be cited as the Advanced Nuclear Technology Development Act of 2016 2. Findings Congress finds the following: (1) Nuclear energy generates approximately 20 percent of the total electricity and approximately 60 percent of the carbon-free electricity of the United States. (2) Nuclear power plants operate consistently at a 90 percent capacity factor, and provide consumers and businesses with reliable and affordable electricity. (3) Nuclear power plants generate billions of dollars in national economic activity through nationwide procurements and provide thousands of Americans with high paying jobs contributing substantially to the local economies in communities where they operate. (4) The United States commercial nuclear industry must continue to lead the international civilian nuclear marketplace, because it is one of our most powerful national security tools, guaranteeing the safe, secure, and exclusively peaceful use of nuclear energy. (5) Maintaining the Nation’s nuclear fleet of commercial light water reactors and expanding the use of new advanced reactor designs would support continued production of reliable baseload electricity and maintain United States global leadership in nuclear power. (6) Nuclear fusion technology also has the potential to generate electricity with significantly increased safety performance and no radioactive waste. (7) The development of advanced reactor designs would benefit from a performance-based, risk-informed, efficient, and cost-effective regulatory framework with defined milestones and the opportunity for applicants to demonstrate progress through Nuclear Regulatory Commission approval. 3. Definitions In this Act: (1) Advanced reactor The term advanced reactor (2) Department The term Department (3) Licensing The term licensing (4) National laboratory The term National Laboratory 42 U.S.C. 15801 (5) NRC The term NRC (6) Secretary The term Secretary 4. Agency coordination The NRC and the Department shall enter into the a memorandum of understanding regarding the following topics: (1) Technical expertise Ensuring that the Department has sufficient technical expertise to support the civilian nuclear industry’s timely development and commercial deployment of safe, innovative advanced reactor technology and the NRC has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications, and other requests for regulatory approval for advanced reactors. (2) Modeling and simulation The use of computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior. (3) Facilities Ensuring that the Department maintains and develops the facilities to support the civilian nuclear industry’s timely development and commercial deployment of safe, innovative reactor technology and ensuring that the NRC has access to such facilities, as needed. 5. Reporting to Congress Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that evaluates the status of activities intended to facilitate the testing and demonstration of advanced reactors on Department land and facilities and the potential for the Department to use testing and demonstration on private land. 6. Advanced reactor regulatory framework (a) Plan required Not later than 1 year after the date of enactment of this Act, the NRC shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a plan for developing an efficient, risk-informed, technology-neutral framework for advanced reactor licensing. The plan shall evaluate the following subjects, consistent with the NRC’s role in protecting public health and safety and common defense and security: (1) The unique aspects of advanced reactor licensing and any associated legal, regulatory, and policy issues the NRC will need to address to develop a framework for licensing advanced reactors. (2) Options for licensing advanced reactors under existing NRC regulations in title 10 of the Code of Federal Regulations, a proposed new regulatory framework, or a combination of these approaches. (3) Options to expedite and streamline the licensing of advanced reactors, including opportunities to minimize the time from application submittal to final NRC licensing decision and minimize the delays that may result from any necessary amendments or supplements to applications. (4) Options to expand the incorporation of consensus-based codes and standards into the advanced reactor regulatory framework to minimize time to completion and provide flexibility in implementation. (5) Options to make the advanced reactor licensing framework more predictable. This evaluation should consider opportunities to improve the process by which application review milestones are established and maintained. (6) Options to allow applicants to use phased review processes under which the NRC issues approvals that do not require the NRC to re-review previously approved information. This evaluation shall consider the NRC’s ability to review and conditionally approve partial applications, early design information, and submittals that contain design criteria and processes to be used to develop information to support a later phase of the design review. (7) The extent to which NRC action or modification of policy is needed to implement any part of the plan required by this subsection. (8) The role of licensing advanced reactors within NRC long-term strategic resource planning, staffing, and funding levels. (9) Options to provide cost-sharing financial structures for license applicants in a phased licensing process. (b) Coordination and stakeholder input required In developing the plan required by subsection (a), the NRC shall seek input from the Department, the nuclear industry, and other public stakeholders. (c) Cost and schedule estimate The plan required by subsection (a) shall include proposed cost estimates, budgets, and specific milestones for implementing the advanced reactor regulatory framework by September 30, 2019. (d) Design certification status In the NRC’s first budget request after the acceptance of any design certification application for an advanced nuclear reactor, and annually thereafter, the NRC shall provide the status of performance metrics and milestone schedules. The budget request shall include a plan to correct or recover from any milestone schedule delays, including delays because of NRC’s inability to commit resources for its review of the design certification applications. 7. User fees and annual charges Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of 1990 ( 42 U.S.C. 2214(c)(2)(A) (1) by striking and (2) by striking the period at the end of clause (iv) and inserting ; and (3) by adding at the end the following: (v) for fiscal years ending before October 1, 2020, amounts appropriated to the Commission for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies. . 8. Agreements for privately funded reactors The Department shall not enter into a new agreement with any private entity to host a privately funded reactor at a Department-owned site that would affect the Federal Government’s liability— (1) with respect to the disposal of spent nuclear fuel or high-level radioactive waste, as defined by section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 42 U.S.C. 10168(d) (2) with respect to operation and decommissioning— (A) unless such private entity has obtained and is maintaining financial protection of such type and in such amounts as the NRC shall require to cover public liability claims pursuant to section 170 of the Atomic Energy Act; and (B) until such private entity has provided reasonable assurance that funds will be available for the decommissioning process pursuant to part 50 of title 10, Code of Federal Regulations. September 12, 2016 Reported from the Committee on Energy and Commerce September 12, 2016 The Committee on Science, Space, and Technology

Summary: Advanced Nuclear Technology Development Act of 2016 (Sec. 4)This bill requires the Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC) to enter into a memorandum of understanding to: ensure that DOE has sufficient technical expertise to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative advanced reactor technology; ensure that the NRC has sufficient technical expertise to support the evaluation of requests for regulatory approval for advanced reactors; use computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior; and ensure that the DOE maintains and develops the facilities to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative reactor technology and that the NRC has access to such facilities, as needed. (Sec.5)DOE must submit a report to Congress within 180 days evaluating activities intended to facilitate the testing and demonstration of advanced reactors on DOE land and facilities and the potential for DOE to test and demonstrate on private land. The report must be updated and re-submitted to Congress every two years.Additionally, the report shall address certain issues including safety, cost, liability, facility siting, and options to regulate the advanced reactors. (Sec.6)The NRC must develop a plan within one year to implement a regulatory framework for licensing advanced nuclear reactors. The plan shall include options to expedite and streamline the licensing process for advanced reactors, cost estimates, budgets, and specific milestones for implementing the framework by the end of FY2019. (Sec.7) This bill also amends the Omnibus Budget Reconciliation Act of 1990 to require that the aggregate amount of fees collected by the NRC from licensees and certificate holders in a fiscal year be decreased by the amount of appropriations for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies.