Interim Consolidated Storage Act of 2017

To amend the Nuclear Waste Policy Act of 1982 to authorize the Secretary of Energy to enter into contracts for the storage of certain high-level radioactive waste and spent nuclear fuel, take title to certain high-level radioactive waste and spent nuclear fuel, and make certain expenditures from the Nuclear Waste Fund. 1. Short title This Act may be cited as the Interim Consolidated Storage Act of 2017 2. Definition of interim consolidated storage facility Section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 (35) The term interim consolidated storage facility . 3. Interim consolidated storage of high-level radioactive waste and spent nuclear fuel (a) Storage of spent nuclear fuel Section 135(h) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10155(h) Notwithstanding any other provisions of law Except as provided in section 302, and subtitle I of title I (b) Interim consolidated storage Title I of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10121 I Interim Consolidated Storage 190. Interim consolidated storage (a) In general The Secretary may enter into contracts for the storage of high-level radioactive waste or spent nuclear fuel with any person that holds a license for an interim consolidated storage facility. (b) Definition of High-Level Radioactive Waste For purposes of this subtitle and section 302, the term high-level radioactive waste 191. Contracts (a) In general The Secretary may enter into new contracts or modify existing contracts with any person who generates or holds title to high-level radioactive waste or spent nuclear fuel of domestic origin for the acceptance of title and subsequent storage of such waste or fuel at an interim consolidated storage facility, with priority for storage given to high-level radioactive waste and spent nuclear fuel located on sites without an operating nuclear reactor. (b) Contract terms A contract entered into or modified under this section shall provide that acceptance by the Secretary, and transfer of title under subsection (d), of any high-level radioactive waste or spent nuclear fuel for an interim consolidated storage facility satisfies the Secretary’s responsibility under a contract entered into under section 302(a) to accept title to such waste or fuel for disposal, with respect to such accepted waste or fuel. (c) Limitation The Secretary shall not require a person to settle claims against the United States for the breach of a contract entered into under section 302(a) for the disposal of high-level radioactive waste or spent nuclear fuel as a condition precedent of entering into or modifying a contract under this section. (d) Title to material Delivery, and acceptance by the Secretary, of any high-level radioactive waste or spent nuclear fuel for an interim consolidated storage facility shall constitute a transfer to the Secretary of title to such waste or fuel. . (c) Nuclear waste fund Section 302(d) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(d) (1) in paragraph (4), by striking in a monitored, retrievable storage site in an interim consolidated storage facility or monitored retrievable storage site, (2) in paragraph (5)— (A) by striking a monitored, retrievable storage site an interim consolidated storage facility site, a monitored retrievable storage site, (B) by striking such repository, monitored, retrievable storage facility such repository, interim consolidated storage facility, monitored retrievable storage facility, (C) by striking ; and (3) by redesignating paragraph (6) as paragraph (7); (4) by inserting after paragraph (5) the following: (6) the fees and costs in connection with the storage of high-level radioactive waste or spent nuclear fuel in an interim consolidated storage facility; and ; and (5) by inserting For purposes of the preceding sentence, fees and costs described in paragraph (6) shall not be considered amounts for the construction or expansion of any facility. this or subsequent legislation. (d) Appropriations from the waste fund Section 302(e)(2) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(e)(2) (1) by inserting (A) The Secretary shall submit (2) by adding at the end the following: (B) Notwithstanding subparagraph (A), subject to subparagraph (C), necessary amounts shall be available to the Secretary from the Waste Fund without additional appropriations to pay for the following: (i) Costs described in subsection (d)(4) in connection with storage in an interim consolidated storage facility. (ii) Costs described in subsection (d)(5) in connection with an interim consolidated storage facility. (iii) Fees and costs described in subsection (d)(6). (C) The Secretary shall not expend, on fees for dry modes of storage of high-level radioactive waste or spent nuclear fuel, amounts totaling more than the cumulative amount of interest generated by the Waste Fund each fiscal year, beginning in fiscal year 2018. .

Summary: Interim Consolidated Storage Act of 2017 This bill amends the Nuclear Waste Policy Act of 1982 to authorize the Department of Energy (DOE) to enter into new contracts (or modify existing contracts) with the licensee of an interim consolidated storage facility in order to take title to and store in it either high-level radioactive waste or spent nuclear fuel of domestic origin. The bill defines: "interim consolidated storage facility" as a facility licensed by the Nuclear Regulatory Commission for the storage of high-level radioactive waste or spent nuclear fuel received from DOE or from two or more persons that generate or hold title to such fuel generated at a civilian nuclear power reactor, and "high-level radioactive waste" as including Greater than Class C waste. The bill assigns priority to storage of such waste and spent fuel located on sites without an operating nuclear reactor. The bill makes appropriations targeted for the Nuclear Waste Fund available to pay for costs in connection with storage in an interim consolidated storage facility. Beginning in FY2018 DOE shall not expend, on fees for dry modes of storage of high-level radioactive waste or spent nuclear fuel, any amounts exceeding the cumulative amount of interest generated by the Fund each fiscal year.