IIB 
111TH CONGRESS 
2D SESSION 
H. R. 5866 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 1, 2010 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To amend the Energy Policy Act of 2005 requiring the 
Secretary of Energy to carry out initiatives to advance 
innovation in nuclear energy technologies, to make nu-
clear energy systems more competitive, to increase effi-
ciency and safety of civilian nuclear power, and for other 
purposes. 
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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 ‘‘Nuclear Energy Re-
search and Development Act of 2010’’. 
SEC. 2. OBJECTIVES. 
Section 951(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16271(a)) is amended— 
(1) by redesignating paragraphs (2) through 
(8) as paragraphs (5) through (11), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) Reducing the costs of nuclear reactor sys-
tems. 
‘‘(3) Reducing used nuclear fuel and nuclear 
waste products generated by civilian nuclear energy. 
‘‘(4) Supporting technological advances in areas 
that industry by itself is not likely to undertake be-
cause of technical and financial uncertainty.’’; and 
(3) by inserting after paragraph (11), as so re-
designated, the following new paragraph: 
‘‘(12) Researching and developing technologies 
and processes so as to improve and streamline the 
process by which nuclear power systems meet Fed-
eral and State requirements and standards.’’. 
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SEC. 5. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT 
PROGRAMS. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is amended by striking subsections (c) 
through (e) and inserting the following: 
‘‘(c) REACTOR CONCEPTS.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a program of research, development, demonstra-
tion, and commercial application to advance nuclear 
power systems as well as technologies to sustain cur-
rently deployed systems. 
‘‘(2) DESIGNS
AND
TECHNOLOGIES.—In con-
ducting the program under this subsection, the Sec-
retary shall examine advanced reactor designs and 
nuclear technologies, including those that— 
‘‘(A) are economically competitive with 
other electric power generation plants; 
‘‘(B) have higher efficiency, lower cost, and 
improved safety compared to reactors in oper-
ation as of the date of enactment of the Nu-
clear Energy Research and Development Act of 
2010; 
‘‘(C) utilize passive safety features; 
‘‘(D) minimize proliferation risks; 
‘‘(E) substantially reduce production of 
high-level waste per unit of output; 
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‘‘(F) increase the life and sustainability of 
reactor systems currently deployed; 
‘‘(G) use improved instrumentation; 
‘‘(H) are capable of producing large-scale 
quantities of hydrogen or process heat; or 
‘‘(I) minimize water usage or use alter-
natives to water as a cooling mechanism. 
‘‘(3) INTERNATIONAL
COOPERATION.—In car-
rying out the program under this subsection, the 
Secretary shall seek opportunities to enhance the 
progress of the program through international co-
operation through such organizations as the Genera-
tion IV International Forum, or any other inter-
national collaboration the Secretary considers appro-
priate. 
‘‘(4) EXCEPTIONS.—No funds authorized to be 
appropriated to carry out the activities described in 
this subsection shall be used to fund the activities 
authorized under sections 641 through 645.’’. 
SEC. 6. SMALL MODULAR REACTOR PROGRAM. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is further amended by adding at the end 
the following new subsection: 
‘‘(d) SMALL MODULAR REACTOR PROGRAM.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) The Secretary shall carry out a small 
modular reactor program to promote research, 
development, demonstration, and commercial 
application of small modular reactors, including 
through cost-shared projects for commercial ap-
plication of reactor systems designs. 
‘‘(B) The Secretary shall consult with and 
utilize the expertise of the Secretary of the 
Navy in establishing and carrying out such pro-
gram. 
‘‘(C) Activities may also include develop-
ment of advanced computer modeling and sim-
ulation tools, by Federal and non-Federal enti-
ties, which demonstrate and validate new design 
capabilities of innovative small modular reactor 
designs. 
‘‘(2) DEFINITION.—For the purposes of this 
subsection, the term ‘small modular reactor’ means 
a nuclear reactor— 
‘‘(A) with a rated capacity of less than 300 
electrical megawatts; 
‘‘(B) with respect to which most parts can 
be factory assembled and shipped as modules to 
a reactor plant site for assembly; and 
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‘‘(C) that can be constructed and operated 
in combination with similar reactors at a single 
site. 
‘‘(3) 
LIMITATION.—Demonstration 
activities 
carried out under this section shall be limited to in-
dividual technologies and systems, and shall not in-
clude demonstration of full reactor systems or full 
plant operations. 
‘‘(4) ADMINISTRATION.—In conducting the 
small modular reactor program, the Secretary may 
enter into cooperative agreements to support small 
modular reactor designs that enable— 
‘‘(A) lower capital costs or increased access 
to private financing in comparison to current 
large reactor designs; 
‘‘(B) 
reduced 
long-term 
radiotoxicity, 
mass, or decay heat of the nuclear waste pro-
duced by generation; 
‘‘(C) increased operating safety of nuclear 
facilities; 
‘‘(D) reduced dependence of reactor sys-
tems on water resources; 
‘‘(E) increased seismic resistance of nu-
clear generation; 
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‘‘(F) reduced proliferation risks through 
integrated safeguards and security proliferation 
controls; and 
‘‘(G) increased efficiency in reactor manu-
facturing and construction. 
‘‘(5) APPLICATION.—To be eligible to enter into 
a cooperative agreement with the Secretary under 
this subsection, an applicant shall submit to the Sec-
retary a proposal for the small modular reactor 
project to be undertaken. The proposal shall docu-
ment— 
‘‘(A) all partners and suppliers that will be 
active in the small modular reactor project, in-
cluding a description of each partner or sup-
plier’s anticipated domestic and international 
activities; 
‘‘(B) measures to be undertaken to enable 
cost-effective implementation of the small mod-
ular reactor project; 
‘‘(C) an accounting structure approved by 
the Secretary; 
‘‘(D) all known assets that shall be con-
tributed to satisfy the cost-sharing requirement 
under paragraph (6); and 
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‘‘(E) the extent to which the proposal will 
increase domestic manufacturing activity, ex-
ports, or employment. 
‘‘(6) COST SHARING.—Notwithstanding section 
988, the Secretary shall require the parties to a co-
operative agreement under this subsection to be re-
sponsible for not less than 50 percent of the costs 
of the small modular reactor project. 
‘‘(7) 
CALCULATION
OF
COST
SHARING 
AMOUNT.—A recipient of financial assistance under 
this section may not satisfy the cost sharing require-
ment under paragraph (6) by using funds received 
from the Federal Government through appropriation 
Acts. 
‘‘(8) PROJECT SELECTION CRITERIA.—The Sec-
retary shall consider the following factors in entering 
into a cooperative agreement under this subsection: 
‘‘(A) The domestic manufacturing capabili-
ties of the parties to the cooperative agreement 
and their partners and suppliers. 
‘‘(B) The viability of the reactor design 
and the business plan or plans of the parties to 
the cooperative agreement. 
‘‘(C) The parties to the cooperative agree-
ment’s potential to continue the development of 
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small modular reactors without Federal sub-
sidies or loan guarantees. 
‘‘(D) The cost share to be provided. 
‘‘(E) The degree to which the following 
goals will be advanced: 
‘‘(i) Lower capital costs or increased 
access to private financing in comparison 
to current large reactor designs. 
‘‘(ii) Reduced long-term radiotoxicity, 
mass, or decay heat of the nuclear waste 
produced by generation. 
‘‘(iii) Increased operating safety of 
nuclear facilities. 
‘‘(iv) Reduced dependence of reactor 
systems on water resources. 
‘‘(v) Increased seismic resistance of 
nuclear generation. 
‘‘(vi) 
Reduced 
proliferation 
risks 
through integrated safeguards and security 
proliferation controls. 
‘‘(vii) Increased efficiency in reactor 
manufacturing and construction.’’. 
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SEC. 7. CONVENTIONAL IMPROVEMENTS TO NUCLEAR 
POWER PLANTS. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is further amended by adding at the end 
the following new subsection: 
‘‘(e) CONVENTIONAL IMPROVEMENTS TO NUCLEAR 
POWER PLANTS.— 
‘‘(1) IN GENERAL.—The Secretary may carry 
out a Nuclear Energy Research Initiative for re-
search and development related to steam-side im-
provements to nuclear power plants to promote the 
research, development, demonstration, and commer-
cial application of— 
‘‘(A) cooling systems; 
‘‘(B) turbine technologies; 
‘‘(C) heat exchangers and pump design; 
‘‘(D) special coatings to improve lifetime of 
components and performance of heat exchang-
ers; and 
‘‘(E) advanced power conversion systems 
for advanced reactor technologies. 
‘‘(2) ADMINISTRATION.—The Secretary may 
undertake initiatives under this subsection only when 
the goals are relevant and proper to enhance the 
performance of technologies developed under sub-
section (c). Not more than $10,000,000 of funds au-
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thorized for this section may be used for carrying 
out this subsection.’’. 
SEC. 8. FUEL CYCLE RESEARCH AND DEVELOPMENT. 
(a) AMENDMENTS.—Section 953 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16273) is amended— 
(1) in the section heading by striking ‘‘AD-
VANCED FUEL CYCLE INITIATIVE’’ and inserting 
‘‘FUEL CYCLE RESEARCH AND DEVELOPMENT’’; 
(2) by striking subsection (a); 
(3) by redesignating subsections (b) through (d) 
as subsections (e) through (g), respectively; and 
(4) by inserting before subsection (e), as so re-
designated by paragraph (3) of this subsection, the 
following new subsections: 
‘‘(a) IN GENERAL.—The Secretary shall conduct a 
fuel cycle research, development, demonstration, and com-
mercial application program (referred to in this section as 
the ‘program’) on fuel cycle options that improve uranium 
resource utilization, maximize energy generation, minimize 
nuclear waste creation, improve safety, mitigate risk of 
proliferation, and improve waste management in support 
of a national strategy for spent nuclear fuel and the reac-
tor concepts research, development, demonstration, and 
commercial application program under section 952(c). 
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‘‘(b) FUEL CYCLE OPTIONS.—Under this section the 
Secretary may consider implementing the following initia-
tives: 
‘‘(1) OPEN CYCLE.—Developing fuels, including 
the use of nonuranium materials, for use in reactors 
that increase energy generation and minimize the 
amount of nuclear waste produced in an open fuel 
cycle. 
‘‘(2) MODIFIED OPEN CYCLE.—Developing fuel 
forms, reactors, and limited separation and trans-
mutation methods that increase fuel utilization and 
reduce nuclear waste in a modified open fuel cycle. 
‘‘(3) FULL RECYCLE.—Developing advanced re-
cycling technologies, including Generation IV Reac-
tors, to reduce the risk of proliferation, radiotoxicity, 
mass, and decay heat to the greatest extent possible. 
‘‘(4) ADVANCED
STORAGE
METHODS.—Devel-
oping advanced storage technologies for both onsite 
and long-term storage that substantially prolong the 
effective life of current storage devices or that sub-
stantially improve upon existing nuclear waste stor-
age technologies and methods, including repositories. 
‘‘(5) ALTERNATIVE
AND
DEEP
BOREHOLE 
STORAGE METHODS.—Developing alternative storage 
methods for long-term storage, including deep 
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boreholes into stable crystalline rock formations and 
mined repositories in a range of geologic media. 
‘‘(6) OTHER TECHNOLOGIES.—Developing any 
other technology or initiative that the Secretary de-
termines is likely to advance the objectives of the 
program established under subsection (a). 
‘‘(c) ADDITIONAL
ADVANCED
RECYCLING
AND 
CROSSCUTTING ACTIVITIES.—In addition to and in sup-
port of the specific initiatives described in paragraphs (1) 
through (6), the Secretary may support the following ac-
tivities: 
‘‘(1) Development and testing of integrated 
process flow sheets for advanced nuclear fuel recy-
cling processes. 
‘‘(2) Research to characterize the byproducts 
and waste streams resulting from fuel recycling 
processes. 
‘‘(3) Research and development on reactor con-
cepts or transmutation technologies that improve re-
source utilization or reduce the radiotoxicity of waste 
streams. 
‘‘(4) Research and development on waste treat-
ment processes and separations technologies, ad-
vanced waste forms, and quantification of prolifera-
tion risks. 
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‘‘(5) Identification and evaluation of test and 
experimental facilities necessary to successfully im-
plement the advanced fuel cycle initiative. 
‘‘(6) Advancement of fuel cycle-related modeling 
and simulation capabilities. 
‘‘(d) BLUE RIBBON COMMISSION REPORT.— 
‘‘(1) In carrying out this section, the Secretary 
shall give consideration to the final report on a long- 
term nuclear waste solution produced by the Blue 
Ribbon Commission on America’s Nuclear Future. 
‘‘(2) Not later than 180 days after the release 
of the Blue Ribbon Commission on America’s Nu-
clear Future final report, the Secretary shall trans-
mit to Congress a report, which shall include— 
‘‘(A) any plans the Department may have 
to incorporate any relevant recommendations 
from this report into the program; and 
‘‘(B) how those recommendations for long- 
term nuclear waste solutions that will be incor-
porated into the plan compare with plans for a 
long-term nuclear waste solution of a repository 
at Yucca Mountain, that may or may not be in-
corporated into the plan, with regard to the 
safety, security, legal, cost, and technological 
and site readiness factors associated with any 
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recommendations related to final disposition 
pathways for spent nuclear fuel and high-level 
radioactive waste to the same factors associated 
with permanent deep geological disposal at the 
Yucca Mountain waste repository. 
‘‘(3) The analysis described in paragraph 
(2)(B) shall be conducted using scientific and tech-
nical materials and information used to support pol-
icy actions related to the Yucca Mountain project.’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 953 in the table of contents of the Energy Policy 
Act of 2005 is amended to read as follows: 
‘‘Sec. 953. Fuel cycle research and development.’’. 
SEC. 9. NUCLEAR ENERGY ENABLING TECHNOLOGIES PRO-
GRAM. 
(a) AMENDMENT.—Subtitle E of title IX of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is 
amended by adding at the following new section: 
‘‘SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a 
program to support the integration of activities under-
taken through the reactor concepts research, development, 
demonstration, and commercial application program under 
section 952(c) and the fuel cycle research and development 
program under section 953, and support crosscutting nu-
clear energy concepts. Activities commenced under this 
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section shall be concentrated on broadly applicable re-
search and development focus areas. 
‘‘(b) ACTIVITIES.—Activities conducted under this 
section may include research involving— 
‘‘(1) advanced reactor materials; 
‘‘(2) advanced radiation mitigation methods; 
‘‘(3) advanced proliferation and security risk 
assessment methods; 
‘‘(4) advanced sensors and instrumentation; 
‘‘(5) advanced nuclear manufacturing methods; 
or 
‘‘(6) any crosscutting technology or trans-
formative concept aimed at establishing substantial 
and revolutionary enhancements in the performance 
of future nuclear energy systems that the Secretary 
considers relevant and appropriate to the purpose of 
this section. 
‘‘(c) REPORT.—The Secretary shall submit, as part 
of the annual budget submission of the Department, a re-
port on the activities of the program conducted under this 
section, which shall include a brief evaluation of each ac-
tivity’s progress.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Energy Policy Act of 2005 is amended by 
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adding at the end of the items for subtitle E of title IX 
the following new item: 
‘‘Sec. 958. Nuclear energy enabling technologies.’’. 
SEC. 10. EMERGENCY RISK ASSESSMENT AND PREPARED-
NESS REPORT. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall transmit to the Congress 
a report summarizing quantitative risks associated with 
the potential of a severe accident arising from the use of 
civilian nuclear energy technology, including reactor tech-
nology deployed or likely to be deployed as of the date 
of enactment of this Act, and outlining the technologies 
currently available to mitigate the consequences of such 
an accident. The report shall include recommendations of 
areas of technological development that should be pursued 
to reduce the potential public harm arising from such an 
incident. 
SEC. 11. NEXT GENERATION NUCLEAR PLANT. 
(a) 
PROTOTYPE
PLANT
LOCATION.—Section 
642(b)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
16022(b)(3)) is amended to read as follows: 
‘‘(3) PROTOTYPE PLANT LOCATION.—The pro-
totype nuclear reactor and associated plant shall be 
constructed at a location determined by the consor-
tium through an open and transparent competitive 
selection process.’’. 
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(b) REPORT.— 
(1) REQUIREMENT.—Not later than 1 year 
after the date of enactment of this Act, the Comp-
troller General shall transmit to the Congress a re-
port providing a status update of the Next Genera-
tion Nuclear Plant program that provides analysis 
of— 
(A) its progress; 
(B) how Federal funds appropriated for 
the project have been distributed and spent; 
and 
(C) the current and expected participation 
by non-Federal entities. 
(2) CONTENTS.—The report shall include— 
(A) an analysis of the proposed facility’s 
technical capabilities and remaining techno-
logical development challenges, and a cost esti-
mate and construction schedule; 
(B) an assessment of the advantages and 
disadvantages of funding a pilot-scale research 
reactor project in lieu of a full-scale commercial 
power reactor; 
(C) an assessment of alternative construc-
tion sites proposed by private industry; 
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(D) an assessment of the extent to which 
the Department of Energy is working with in-
dustry and the Nuclear Regulatory Commission 
to ensure that the Next Generation Nuclear 
Plant program meets industry expectations for 
long-term application of technologies and ad-
dresses potential licensing procedures for de-
ployment; 
(E) an assessment of the known or antici-
pated challenges to securing private non-Fed-
eral cost share funds and any measures to over-
come these challenges, including any alternative 
funding approaches such as front loading the 
Federal share; 
(F) an assessment of project risks, includ-
ing those related to— 
(i) project scope, schedule, and re-
sources; 
(ii) the formation of partnerships or 
agreements between the Department and 
the private sector necessary for the 
project’s success; and 
(iii) the Department’s capabilities to 
identify and manage such risks; and 
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(G) an assessment of what is known about 
the potential impact of natural gas and other 
fossil fuel prices on private entity participation 
in the project. 
SEC. 12. TECHNICAL STANDARDS COLLABORATION. 
(a) IN GENERAL.—The Director of the National In-
stitute of Standards and Technology shall establish a nu-
clear energy standards committee (in this section referred 
to as the ‘‘technical standards committee’’) to facilitate 
and support, consistent with the National Technology 
Transfer and Advancement Act of 1995, the development 
or revision of technical standards for new and existing nu-
clear power plants and advanced nuclear technologies. 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The technical standards 
committee shall include representatives from appro-
priate Federal agencies and the private sector, and 
be open to materially affected organizations involved 
in the development or application of nuclear energy- 
related standards. 
(2) CO-CHAIRS.—The technical standards com-
mittee shall be co-chaired by a representative from 
the National Institute of Standards and Technology 
and a representative from a private sector standards 
organization. 
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(c) DUTIES.—The technical standards committee 
shall, in cooperation with appropriate Federal agencies— 
(1) perform a needs assessment to identify and 
evaluate the technical standards that are needed to 
support nuclear energy, including those needed to 
support new and existing nuclear power plants and 
advanced nuclear technologies; 
(2) formulate, coordinate, and recommend pri-
orities for the development of new technical stand-
ards and the revision of existing technical standards 
to address the needs identified under paragraph (1); 
(3) facilitate and support collaboration and co-
operation among standards developers to address the 
needs and priorities identified under paragraphs (1) 
and (2); 
(4) as appropriate, coordinate with other na-
tional, regional, or international efforts on nuclear 
energy-related technical standards in order to avoid 
conflict and duplication and to ensure global com-
patibility; and 
(5) promote the establishment and maintenance 
of a database of nuclear energy-related technical 
standards. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $1,000,000 for each of 
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fiscal years 2011 through 2013 to the Director of the Na-
tional Institute for Standards and Technology for activi-
ties under this section. 
SEC. 13. EVALUATION OF LONG-TERM OPERATING NEEDS. 
(a) IN GENERAL.—The Secretary of Energy shall 
enter into an arrangement with the National Academies 
to conduct an evaluation of the scientific and technological 
challenges to the long-term maintenance and safe oper-
ation of currently deployed nuclear power reactors up to 
and beyond the specified design-life of reactor systems. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall transmit to 
the Congress, and make publically available, the results 
of the evaluation undertaken by the Academies pursuant 
to subsection (a). 
SEC. 14. AVAILABLE FACILITIES DATABASE. 
The Secretary of Energy shall prepare a database of 
non-Federal user facilities receiving Federal funds that 
may be used for unclassified nuclear energy research.
The Secretary shall make this database accessible on the 
Department of Energy’s website. 
SEC. 15. NUCLEAR WASTE DISPOSAL. 
To the extent consistent with the requirements of 
current law, the Department of Energy shall be respon-
sible for disposal of high-level radioactive waste or spent 
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HR 5866 RFS 
nuclear fuel generated by reactors under the programs au-
thorized in this Act, or the amendments made by this Act. 
Passed the House of Representatives November 30, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Mar 15 2010 
00:16 Dec 02, 2010
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