I 
109TH CONGRESS 
1ST SESSION H. R. 4538 
To amend the Nuclear Waste Policy Act of 1982 to require commercial 
nuclear utilities to transfer spent nuclear fuel pools into spent nuclear 
fuel dry casks and convey to the Secretary of Energy title to all spent 
nuclear fuel thus safely stored. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 14, 2005 
Mr. MATHESON (for himself, Ms. BERKLEY, Mr. GIBBONS, Mr. BISHOP of 
Utah, Mr. CANNON, and Mr. PORTER) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Nuclear Waste Policy Act of 1982 to require 
commercial nuclear utilities to transfer spent nuclear 
fuel pools into spent nuclear fuel dry casks and convey 
to the Secretary of Energy title to all spent nuclear 
fuel thus safely stored. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Spent Nuclear Fuel 
On-Site Storage Security Act of 2005’’.
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SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. 
(a) IN GENERAL.—Title I of the Nuclear Waste Pol-
icy Act of 1982 (42 U.S.C. 10121 et seq.) is amended 
by adding at the end the following: 
‘‘Subtitle I—Dry Cask Storage of 
Spent Nuclear Fuel 
‘‘SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
CONTRACTOR.—The 
term 
‘contractor’ 
means a person that holds a contract under section 
302(a). 
‘‘(2) SPENT NUCLEAR FUEL POOL.—The term 
‘spent nuclear fuel pool’ means a water-filled con-
tainer in which spent nuclear fuel rods are stored. 
‘‘(3) SPENT NUCLEAR FUEL DRY CASK.—The 
term ‘spent nuclear fuel dry cask’ means the con-
tainer, and all the components and systems associ-
ated with the container, in which spent nuclear fuel 
is stored at a Commission-licensed independent 
spent fuel storage facility located at the power reac-
tor site. The design of any such spent nuclear fuel 
dry cask shall be approved by the Commission. 
‘‘(b) TRANSFER OF SPENT NUCLEAR FUEL.— 
‘‘(1) IN GENERAL.—A contractor shall transfer 
spent nuclear fuel from spent nuclear fuel pools to 
spent nuclear fuel dry casks at a Commission-li-
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censed independent spent fuel storage facility located 
at the power reactor site. 
‘‘(2) SPENT
NUCLEAR
FUEL
STORED
AS
OF 
DATE OF ENACTMENT.—A contractor shall complete 
the transfer of all spent nuclear fuel that is stored 
in spent nuclear fuel pools as of the date of enact-
ment of this subsection not later than 6 years after 
the date of enactment of this subsection. 
‘‘(3) SPENT
NUCLEAR
FUEL
STORED
AFTER 
DATE OF ENACTMENT.—A contractor shall complete 
the transfer of any spent nuclear fuel that is stored 
in a spent nuclear fuel pool after the date of enact-
ment of this subsection not later than 6 years after 
the date on which the spent nuclear fuel is dis-
charged from the reactor. 
‘‘(4) INADEQUATE
FUNDS.—If funds are not 
available to complete a transfer under paragraph (2) 
or (3), the contractor may apply to the Commission 
to extend the deadline for the transfer to be com-
pleted. 
‘‘(c) FUNDING.—The Secretary shall make grants to 
compensate a contractor for expenses incurred in carrying 
out subsection (b), including costs associated with—