I
107TH CONGRESS
2D SESSION
H. R. 5623
To provide for prioritization of transportation of nuclear waste from utilities
to a permanent repository on the basis of renewable energy use.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 10, 2002
Mr. LUTHER introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To provide for prioritization of transportation of nuclear
waste from utilities to a permanent repository on the
basis of renewable energy use.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT.
Section 180 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10175) is amended by adding at the end the
following new subsection:
‘‘(d)(1) The Secretary shall establish a priority listing
among utilities, for the transportation of high-level radio-
active waste and spent nuclear fuel from such utilities to
a permanent repository established under subtitle A.
‘‘(2) The highest priority under paragraph (1) shall
be assigned to utilities that derive the highest percentage
of energy produced or sold from renewable energy re-
sources.
‘‘(3) The Secretary shall establish the listing under
this subsection not later than 1 year before the projected
date of the first transportation of high-level radioactive
waste and spent nuclear fuel to the permanent repository.
‘‘(4) The Secretary shall, to the greatest extent prac-
ticable, coordinate the transportation of high-level radio-
active waste and spent nuclear fuel from sources other
than utilities for which priorities are established under
paragraph (1) with transportation from such utilities, with
the goal of minimizing the number of shipments by com-
bining shipments whenever possible.
‘‘(5) For purposes of this subsection:
‘‘(A) BIOMASS.—The term ‘biomass’ means any
solid, nonhazardous, cellulosic waste material which
is segregated from other waste materials and which
is derived from—
‘‘(i) any of the following forest-related re-
sources: mill residues, precommercial thinnings,
slash, and brush, but not including old-growth
timber (other than old-growth timber which has
been permitted or contracted for removal by
any appropriate Federal authority through the
National Environmental Policy Act of 1969 or
by any appropriate State authority);
‘‘(ii) solid wood waste materials, including
waste pallets, crates, dunnage, manufacturing
and construction wood wastes (other than pres-
sure-treated, 
chemically-treated, 
or 
painted
wood wastes), and landscape or right-of-way
tree trimmings, but not including municipal
solid waste (garbage), gas derived from the bio-
degradation of solid waste, or paper that is
commonly recycled; or
‘‘(iii) agriculture sources, including orchard
tree crops, vineyard, grain, legumes, sugar, and
other crop by-products or residues.
‘‘(B) GENERATION
OFFSET.—The term ‘gen-
eration offset’ means reduced electricity usage me-
tered at a site where a customer consumes energy
from a renewable energy technology.
‘‘(C) INCREMENTAL HYDROPOWER.—The term
‘incremental hydropower’ means additional genera-
tion that is achieved from increased efficiency or ad-
ditions of capacity after the date of enactment of
this subsection at a hydroelectric dam that was
placed in service before that date.
‘‘(D) RENEWABLE
ENERGY
RESOURCE.—The
term ‘renewable energy resource’ means solar, wind,
ocean, or geothermal energy, biomass, landfill gas, a
generation offset, or incremental hydropower.’’.
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