I
106TH CONGRESS
1ST SESSION
H. R. 1309
To authorize the Secretary of Energy to provide compensation and increased
safety for on-site storage of spent nuclear fuel and high-level radioactive
waste.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. COOK introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To authorize the Secretary of Energy to provide compensa-
tion and increased safety for on-site storage of spent
nuclear fuel and high-level radioactive waste.
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 ‘‘The Nuclear Waste
Protection and Responsible Compensation Act’’.
SEC. 2. PURPOSE.
The purposes of this Act are to—
(1) ensure the permanent program for disposi-
tion of spent nuclear fuel and high-level radioactive
waste continues with adequate political support and
funding;
(2) ensure the continued safety of on-site stor-
age of spent nuclear fuel and high-level radioactive
waste by expanding both State and local govern-
ments rights to ensure citizens and local commu-
nities are protected;
(3) ensure the Federal government’s obligation
for disposition of spent nuclear fuel and high-level
radioactive waste is met without spending taxpayer
funds;
(4) ensure the continued safety of on-site stor-
age of spent nuclear fuel and high-level radioactive
waste by ensuring complete funding; and
(5) ensure that spent nuclear fuel and high-
level radioactive waste at shutdown nuclear reactors
is removed first once the permanent disposition pro-
gram is licensed.
SEC. 3. PROTECTING THE SEARCH FOR A LONG-TERM
OPTION.
No commercial spent nuclear fuel and high-level ra-
dioactive waste shall be transported offsite for away-from
reactor storage until a final license for a permanent dis-
position program is issued by the Nuclear Regulatory
Commission.
SEC. 4. STATE AND LOCAL GOVERNMENT AUTHORITY TO
IMPROVE THE SAFETY OF ON-SITE STORAGE.
State and local governments may negotiate with utili-
ties to provide additional protections above the current
Federal minimum standards that ensure citizens and local
communities are adequately protected from spent nuclear
fuel and high-level radioactive waste.
SEC. 
5. 
COMPENSATION 
FOR 
CONTINUED 
ON-SITE
STORAGE.
(a) NUCLEAR WASTE ESCROW ACCOUNT.—Each nu-
clear power utility shall, beginning in fiscal year 2000, re-
tain the amount the utility would be required to pay into
the Nuclear Waste Fund and deposit it into an account
in a financial institution of the utilities choice. For pur-
poses of this section the account shall be referred to as
the ‘‘Nuclear Waste Escrow Account’’.
(1) ACCOUNT COLLECTION.—The Secretary of
Energy shall collect the entire balance of the Nu-
clear Waste Escrow Account from each nuclear
power utility on September 30, 2004, and again on
September 30, 2009, and deposit the funds in the
Nuclear Waste Fund. The Secretary of Energy re-
tains future rights to each Nuclear Waste Escrow
Account beyond September 30, 2009 and shall col-
lect such Accounts when the current Nuclear Waste
Fund is lacking sufficient funds to continue the
search for long-term permanent disposition of spent
nuclear fuel and high-level radioactive waste.
(2) INVESTMENT.—Each Nuclear Waste Es-
crow Account account shall be invested by the nu-
clear power utilities which established it to earn
market rates of return. Any interest collected above
the Treasury interest rate shall be placed into a
Utility On-site Compensation Fund described in sub-
section (b).
(3) ASSURANCE
OF
FUNDS.—Each nuclear
power utility shall manage its Nuclear Waste Escrow
Account in accordance with the requirements of the
regulations published at 10 C.F.R. 50.75 relating to
assurances provided to the Nuclear Regulatory Com-
mission that funds will be available for decommis-
sioning.
(b) ON-SITE COMPENSATION FUND.—Each nuclear
power utility which established a Nuclear Waste Escrow
Account shall establish the Utility On-site Compensation
Fund referred to in subsection (a)(2). Such fund shall be
available to the utility with the following conditions:
(1) FUND USE.—The fund shall be used for the
on-site storage of spent nuclear fuel and high-level
radioactive waste that should have been accepted by
the Secretary of Energy under Article VI B of the
Standard Contract (10 CFR Part 961).
(2) AMOUNTS
REMAINING.—Any amounts re-
maining in the fund after expenditures under para-
graph (1) shall be paid to the Secretary for the
Shutdown Reactor Fund established by the Sec-
retary under subsection (c).
(c) SHUTDOWN REACTOR FUND.—
(1) FEDERAL
SHUTDOWN
REACTOR
FUND.—
The Secretary shall establish the Federal Shutdown
Reactor Fund in which amounts paid to the Sec-
retary under subsection (b)(2) shall be deposited.
(2) UTILITY
SHUTDOWN
REACTOR
FUND.—A
nuclear power utility which has been shut down shall
establish a Utility Shutdown Reactor Fund. The
Secretary shall pay to each fund an amount from
the Federal Shutdown Reactor Fund to enable the
fund to be available to pay the costs of on-site stor-
age of spent nuclear fuel and high-level radioactive
waste at the shutdown reactor.
SEC. 6. PRIORITY FOR SHUTDOWN REACTOR WASTE.
The current spent nuclear fuel and high-level radio-
active waste queue as defined in the Standard Contract
(10 C.F.R. 961) shall be adjusted to place all spent nu-
clear fuel and high-level radioactive waste at shutdown nu-
clear reactors first in the queue.
SEC. 7. DEFINITION.
As used in this Act spent nuclear fuel and high-level
radioactive waste shall be considered non-defense wastes.
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