I 
116TH CONGRESS 
2D SESSION 
H. R. 9015 
To direct the Administrator of the Environmental Protection Agency to estab-
lish an emissions avoidance program for certain nuclear reactors, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 17, 2020 
Mr. KINZINGER (for himself and Mr. MICHAEL F. DOYLE of Pennsylvania) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committees on Transpor-
tation and Infrastructure, and Financial Services, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To direct the Administrator of the Environmental Protection 
Agency to establish an emissions avoidance program for 
certain nuclear reactors, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; DEFINITIONS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Preserving Existing Nuclear Energy Generation Act’’. 
(b) DEFINITIONS.—In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Environment and 
Public Works of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Nuclear Regulatory Commission. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 2. NUCLEAR REACTOR INCENTIVES. 
(a) DEFINITIONS.—In this section: 
(1) CERTIFIED NUCLEAR REACTOR.—The term 
‘‘certified nuclear reactor’’ means a nuclear reactor 
that— 
(A) operates in a competitive electricity 
market; and 
(B) 
is 
certified 
under 
subsection 
(c)(2)(A)(i) to submit a sealed bid in accord-
ance with subsection (d). 
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(2) CREDIT.—The term ‘‘credit’’ means a credit 
allocated to a certified nuclear reactor under sub-
section (e)(2). 
(b) ESTABLISHMENT OF PROGRAM.—Subject to the 
availability of appropriations, the Administrator, in con-
sultation with the Secretary, shall establish an emissions 
avoidance program— 
(1) to evaluate nuclear reactors that are pro-
jected to cease operations due to economic factors; 
and 
(2) to allocate credits to certified nuclear reac-
tors that are selected under paragraph (1)(B) of 
subsection (e) to receive credits under paragraph (2) 
of that subsection. 
(c) CERTIFICATION.— 
(1) APPLICATION.— 
(A) IN GENERAL.—In order to be certified 
under paragraph (2)(A)(i), the owner or oper-
ator of a nuclear reactor that is projected to 
cease operations due to economic factors shall 
submit to the Administrator an application at 
such time, in such manner, and containing such 
information as the Administrator determines to 
be appropriate, including— 
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(i) information on the operating costs 
necessary to make the determination de-
scribed in paragraph (2)(A)(ii)(II), includ-
ing— 
(I) the average annual operating 
loss per megawatt-hour expected to be 
incurred by the nuclear reactor over 
the 4-year period for which credits 
would be allocated; 
(II) any private or publicly avail-
able data with respect to current or 
projected bulk power market prices; 
(III) 
out-of-market 
revenue 
streams; 
(IV) operations and maintenance 
costs; 
(V) capital costs, including fuel; 
and 
(VI) 
operational 
and 
market 
risks; 
(ii) an estimate of the potential incre-
mental emissions of carbon dioxide, nitro-
gen oxides, sulfur oxides, particulate mat-
ter, and hazardous air pollutants that 
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would result if the nuclear reactor were to 
cease operations; 
(iii) information on the source of re-
covered uranium and the location where 
the uranium is converted, enriched, and 
fabricated into fuel assemblies for the nu-
clear reactor for the 4-year period for 
which credits would be allocated; and 
(iv) a detailed plan to sustain oper-
ations at the conclusion of the applicable 
4-year period for which credits would be 
allocated— 
(I) without receiving additional 
credits; or 
(II) with the receipt of additional 
credits of a lower amount than the 
credits allocated during that 4-year 
credit period. 
(B) TIMELINE.—The Administrator shall 
accept applications described in subparagraph 
(A)— 
(i) until the date that is 120 days 
after the date of enactment of this Act; 
and 
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(ii) not less frequently than every year 
thereafter. 
(2) DETERMINATION TO CERTIFY.— 
(A) DETERMINATION.— 
(i) IN GENERAL.—Not later than 60 
days after the applicable date under sub-
paragraph (B) of paragraph (1), the Ad-
ministrator, in consultation with the Sec-
retary, shall determine whether to certify, 
in accordance with clauses (ii) and (iii) of 
this subparagraph, each nuclear reactor for 
which an application is submitted under 
subparagraph (A) of paragraph (1). 
(ii) MINIMUM
REQUIREMENTS.—To 
the maximum extent practicable, the Ad-
ministrator, in consultation with the Sec-
retary, shall only certify a nuclear reactor 
under clause (i) if— 
(I) the nuclear reactor has a 
good safety record, as determined by 
the Action Matrix of the Commission 
or the Performance Indicators of the 
Reactor Oversight Process, such that 
the nuclear reactor falls under the ‘‘li-
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censee response’’ column indicating no 
current significant safety issues; 
(II) after considering the infor-
mation submitted under paragraph 
(1)(A)(i), the Administrator deter-
mines that the nuclear reactor is pro-
jected to cease operations due to eco-
nomic factors; and 
(III) after considering the esti-
mate 
submitted 
under 
paragraph 
(1)(A)(ii), the Administrator deter-
mines that emissions of carbon diox-
ide, nitrogen oxides, sulfur oxides, 
particulate matter, and hazardous air 
pollutants would increase if the nu-
clear reactor were to cease operations 
and be replaced with other types of 
power generation. 
(iii) 
PRIORITY.—In 
determining 
whether to certify a nuclear reactor under 
clause (i), the Administrator, in consulta-
tion with the Secretary, shall give priority 
to a nuclear reactor that uses uranium 
that is recovered, converted, enriched, and 
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fabricated into fuel assemblies in the 
United States. 
(B) NOTICE.—For each application re-
ceived under paragraph (1)(A), the Adminis-
trator, in consultation with the Secretary, shall 
provide to the applicable owner or operator, as 
applicable— 
(i) a notice of the certification of the 
applicable nuclear reactor; or 
(ii) a notice that describes the reasons 
why the certification of the applicable nu-
clear reactor was denied. 
(d) BIDDING PROCESS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator shall establish a deadline by which 
each certified nuclear reactor shall submit to the Ad-
ministrator a sealed bid that— 
(A) describes the price per megawatt-hour 
required to maintain operations of the certified 
nuclear reactor during the 4-year period for 
which the certified nuclear reactor would receive 
credits; and 
(B) includes a commitment, subject to the 
receipt of credits, to provide a specific number 
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