Advanced Nuclear Deployment Act
Bill: H.R.1746 | Sponsor: Rep. Hudson, Richard (R-NC)
Policy area: Energy

Summary:
Advanced Nuclear Deployment Act
This bill sets forth requirements to provide for the rapid deployment of new nuclear reactors.
Specifically, the bill excludes from Nuclear Regulatory Commission (NRC) fees preapplication activities and review of an application for an early site permit to demonstrate an advanced nuclear reactor on a Department of Energy (DOE) or Department of Defense site.
The NRC must also develop and implement (1) risk-informed and performance-based strategies and guidance to license and regulate micro-reactors, and (2) schedules to complete review activities applicable to the licensing of micro-reactors within two years.
In addition, the NRC must establish and carry out an expedited procedure for issuing a combined license to construct a new nuclear reactor on or adjacent to a site that already has an existing reactor.
Finally, the bill establishes a pilot program that allows DOE to make long-term power purchase agreements for power generated by commercial nuclear reactors.

To facilitate the efficient licensing and deployment of advanced 
                     civilian nuclear technologies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advanced Nuclear Deployment Act''.

SEC. 2. ENABLING PREPARATIONS FOR ADVANCED NUCLEAR REACTOR 
              DEMONSTRATIONS ON FEDERAL SITES.

    (a) In General.--Section 102(b)(1)(B) of the Nuclear Energy 
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is amended 
by adding at the end the following:
                            ``(v) Costs for--
                                    ``(I) activities to review and 
                                approve or disapprove an application 
                                for an early site permit (as defined in 
                                section 52.1 of title 10, Code of 
                                Federal Regulations (or any successor 
                                regulation)) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy or Department of Defense site; 
                                and
                                    ``(II) pre-application activities 
                                relating to an early site permit (as so 
                                defined) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy or Department of Defense 
                                site.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2021.

SEC. 3. REGULATORY REQUIREMENTS FOR MICRO-REACTORS.

    (a) Micro-Reactor Licensing.--Not later than 3 years after the date 
of enactment of this Act, the Nuclear Regulatory Commission (in this 
section referred to as the ``Commission'') shall--
            (1) not later than 18 months after the date of enactment of 
        this Act, develop risk-informed and performance-based 
        strategies and guidance to license and regulate micro-reactors 
        pursuant to section 103 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2133), including strategies and guidance for--
                    (A) staffing and operations;
                    (B) oversight and inspections;
                    (C) safeguards and security;
                    (D) emergency preparedness; and
                    (E) risk analysis methods, including alternatives 
                to probabilistic risk assessments;
                    (F) quality assurance, including the use of 
                commercial nuclear quality standards in lieu of the 
                requirements of Appendix B of part 50 of title 10, Code 
                of Federal Regulations (or any successor regulation);
                    (G) decommissioning funding assurance methods that 
                permit the use of design- and site-specific cost 
                estimates;
                    (H) the transportation of fueled micro-reactors;
                    (I) an annual fee structure that accounts for the 
                design and operational characteristics of micro-
                reactors; and
                    (J) siting, including in relation to--
                            (i) the per capita siting limit described 
                        in the policy issue paper on population-related 
                        siting considerations for advanced reactors 
                        dated May 8, 2020, and numbered SECY-20-0045;
                            (ii) licensing mobile deployment; and
                            (iii) environmental reviews; and
            (2) implement, as appropriate, the strategies and guidance 
        developed under paragraph (1)--
                    (A) within the existing regulatory framework;
                    (B) through the technology-inclusive, regulatory 
                framework to be established under section 103(a)(4) of 
                the Nuclear Energy Innovation and Modernization Act (42 
                U.S.C. 2133 note; Public Law 115-439); or
                    (C) through a pending or new rulemaking.
    (b) Review Schedules.--The Commission shall establish and 
implement, by regulation, schedules that provide target time periods 
for the completion of review activities applicable to the licensing of 
micro-reactors to ensure the completion of all such licensing actions 
by not later than the date that is 2 years after the date on which an 
application for such a license is accepted for docketing.
    (c) Considerations.--In developing and implementing strategies and 
guidance under subsection (a), the Commission shall consider--
            (1) the unique characteristics of micro-reactors, such as 
        characteristics relating to--
                    (A) physical size;
                    (B) design simplicity; and
                    (C) source term;
            (2) opportunities to address redundancies and 
        inefficiencies;
            (3) opportunities to consolidate review phases and reduce 
        transitions between review teams;
            (4) opportunities to establish integrated review teams to 
        ensure continuity throughout the review process; and
            (5) other relevant considerations discussed in the policy 
        issue paper on policy and licensing considerations related to 
        micro-reactors dated October 6, 2020, and numbered SECY-20-
        0093.
    (d) Consultation.--In carrying out subsection (a), the Commission 
shall consult with--
            (1) the Secretary of Energy;
            (2) the heads of other Federal agencies, as appropriate;
            (3) micro-reactor technology developers; and
            (4) other stakeholders.

SEC. 4. EXPEDITED SUBSEQUENT COMBINED LICENSES.

    (a) In General.--In accordance with this section, the Nuclear 
Regulatory Commission (referred to in this section as the 
``Commission'') shall establish and carry out an expedited procedure 
for issuing a combined license pursuant to section 103 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2133).
    (b) Qualifications.--To qualify for the expedited procedure under 
subsection (a), an applicant--
            (1) shall submit a complete combined license application 
        for a new nuclear reactor based off a previously licensed 
        design;
            (2) shall construct the new nuclear reactor on or adjacent 
        to a site on which an operating nuclear reactor already exists 
        or previously operated; and
            (3) may not be subject to an order of the Commission to 
        modify, suspend, or revoke a license under section 2.202 of 
        title 10, Code of Federal Regulations (or any successor 
        regulation).
    (c) Expedited Procedure.--With respect to a combined license for 
which the applicant has satisfied the requirements described in 
subsection (b), the Commission shall--
            (1) not later than 1 year after the application is accepted 
        for docketing--
                    (A) carry out an expedited environmental review 
                process; and
                    (B) issue a draft environmental impact statement;
            (2) not later than 18 months after the application is 
        accepted for docketing--
                    (A) complete the technical review process; and
                    (B) issue a safety evaluation report and final 
                environmental impact statement;
            (3) not later than 2 years after the application is 
        accepted for docketing, complete any necessary public licensing 
        hearings and related processes; and
            (4) not later than 25 months after the application is 
        accepted for docketing, make a final decision on whether to 
        issue the combined license.
    (d) Performance and Reporting.--
            (1) Goals.--Not later than 90 days after the date of 
        enactment of this Act, the Chairman of the Nuclear Regulatory 
        Commission shall submit to the Committee on Energy and Commerce 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate recommendations for 
        procedures that would further facilitate the expedited 
        licensing of new nuclear reactors.
            (2) Delays in issuance.--Not later than 30 days after the 
        applicable deadline, the Executive Director for Operations of 
        the Commission shall inform the Commission of any failure to 
        meet a deadline under subsection (c).
            (3) Delays in issuance exceeding 90 days.--If any deadline 
        under subsection (c) is not met by the date that is 90 days 
        after the applicable date required under such subsection, the 
        Commission shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a timely report 
        describing the delay, including a detailed explanation 
        accounting for the delay and a plan for timely completion of 
        the applicable action.

SEC. 5. PILOT PROGRAM FOR NUCLEAR POWER PURCHASE AGREEMENTS.

    (a) In General.--Subtitle B of title VI of the Energy Policy Act of 
2005 (Public Law 109-58; 119 Stat. 782) is amended by adding at the end 
the following:

``SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.

    ``(a) Establishment.--Not later than 2026, the Secretary shall 
establish a pilot program under which the Secretary shall enter into 
long-term power purchase agreements for power generated by commercial 
nuclear reactors.
    ``(b) Requirements.--In establishing the pilot program under this 
section, the Secretary shall--
            ``(1) consult with the heads of other Federal departments 
        and agencies that may benefit from purchasing nuclear power for 
        a period of longer than 10 years, including the Secretary of 
        Defense; and
            ``(2) not later than December 31, 2026, enter into at least 
        1 agreement to purchase power from a commercial nuclear reactor 
        that receives a license from the Nuclear Regulatory Commission 
        after January 1, 2022.
    ``(c) Period of Agreement.--Notwithstanding any other provision of 
law, an agreement entered into pursuant to subsection (b)(2) to 
purchase power from a commercial nuclear reactor shall be made for a 
period of at least 10 years and not more than 40 years.
    ``(d) Priority.--In carrying out this section, the Secretary shall 
prioritize entering into long-term power purchase agreements for power 
generated by first-of-a-kind or early deployment commercial nuclear 
reactors that will provide reliable and resilient power--
            ``(1) to high-value assets for national security purposes; 
        or
            ``(2) for other purposes that the Secretary determines are 
        in the national interest, including for remote off-grid 
        scenarios or grid-connected scenarios that provide capabilities 
        commonly known as `islanding power capabilities' during an 
        emergency.
    ``(e) Rates.--A long-term power purchase agreement entered into 
under this section may not be at a rate that is higher than the average 
market rate, unless the agreement is for power generated by a 
commercial nuclear reactor described in subsection (d).''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by inserting 
after the item relating to section 639 the following:

``Sec. 640. Long-term nuclear power purchase agreement pilot 
                            program.''.
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