Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990
PL 101-575 (H.R.4808), enacted 11/15/1990

104 STAT. 2834 
PUBLIC LAW 101-575—NOV. 15, 1990 
Public Law 101-575 
101st Congress 
An Act 
Nov. 15, 1990 
[H.R. 4808] 
Solar, Wind, 
Waste, and 
Geothermal 
Power 
Production 
Incentives Act of 
1990. 
16 use 791a 
note. 
16 use 824a-3. 
16 u s e 796. 
To encourage solar, wind, waste, and geothermal power production by removing the 
size limitations contained in the Public Utility Regulatory Policies Act of 1978. 
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 "Solar, Wind, Waste, and Greo-
thermal Power Production Incentives Act of 1990". 
SEC. 2. PURPA AMENDMENT. 
Section 210(eX2) of the Public Utility Regulatory Policies Act of 
1978 is amended by inserting "(other than a qualif5dng small power 
production facility which is an eligible solar, wind, waste, or geo-
thermal facility as defined in section 3(17XE) of the Federal Power 
Act)" after "facility" where it first appears. 
SEC. 3. FEDERAL POWER ACT AMENDMENTS. 
(a) Section 3(17XA) of the Federal Power Act is amended by 
inserting "a facility which is an eligible solar, wind, waste, or 
geothermal facility, or" after " 'small power production facility' 
means". 
(b) Section 3(17) of such Act is further amended by inserting at the 
end thereof the following new subparagraph: 
"(E) 'el^ble solar, wind, waste or geothermal facility' 
means a facility which produces electric energy solely by 
the use, as a primary energy source, of solar energy, wind 
energy, waste resources or geothermal resources, and which 
would otherwise not qualify as a small power production 
facility because of the power production capacity limitation 
contained in subparagraph (AXii); but only if— 
"(i) either of the following is submitted to the 
Commission not later than December 31,1994: 
"(I) an application for certification of the facility 
as a qualifying small power production facility; or 
"(II) notice that the facility meets the require-
ments for qualification; and 
"(ii) construction of such facility commences not later 
than December 31,1999, or, if not, reeisonable diligence 
is exercised toward the completion of such facility 
taking into account all factors relevant to construction 
of the facility.". 
16 u s e 796 note. 
SEC. 4. FERC REGULATIONS. 
Unless the Federal Energy Regulatory Commission otherwise 
specifies, by rule after enactment of this Act, any eligible solar, 
wind, waste, or geothermal facility (as defined in section 3(17XE) of 
the Federal Power Act as amended by this Act), which is a qualify-
/ 
PUBLIC LAW 101-575—NOV. 15, 1990 
104 STAT. 2835 
ing small power production facility (as defined in subparagraph (C) 
of section 3(17) of the Federal Power Act as amended by this Act)— 
(1) shall be considered a qualifjdng small power production 
facility for purposes of part 292 of title 18, Code of Federal 
Regulations, notwithstanding any size limitations contained in 
such part, and 
(2) shall not be subject to the size limitation contained in 
section 292.601(b) of such part. 
SEC. 5. LICENSING OF URANIUM ENRICHMENT FACILITIES. 
(a) DEFINITION OF PRODUCTION FACIUTY.—Section 11 
v. of 
the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(v)) is amended by adding 
at the end the following new sentence: "Except with respect to the 
export of a uranium enrichment production facility, such term as 
used in chapters 10 and 16 shall not include any equipment or 
device (or important component part especially designed for such 
equipment or device) capable of separating the isotopes of uranium 
or enriching uranium in the isotope 235.". 
(b) REGULATION.—Section 161b. of the Atomic Energy Act of 1954 
(42 U.S.C. 2201(b)) is amended by striking the period at the end of 
the section and adding the following: "; in addition, the Commission 
shall prescribe such regulations or orders as may be necessary or 
desirable to promote the Nation's common defense and security with 
regard to control, ownership, or possession of any equipment or 
device, or important component part especially designed for such 
equipment or device, capable of separating the isotopes of uranium 
or enriching uranium in the isotope 235;". 
(c) OWNERSHIP OF PRODUCTION FACIUTIES.—Section 41a. (2) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2061(aX2)) is amended by 
striking "section 103 or 104" and inserting "under this Act". 
(d) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended— 
(1) by striking "or" at the end of paragraph (2); 
(2) by inserting "or" after the semicolon at the end of para-
graph (3); and 
(3) by adding after 
paragraph 
(3) the following 
new 
paragraph: 
"(4) any uranium enrichment facility licensed by the Nuclear 
Regulatory Commission.". 
(e) URANIUM ENRICHMENT FACILITIES.—Chapter 16 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2231 et seq.) is amended by adding at 
the end the following new section: 
"SEC. 193. LICENSING OF URANIUM ENRICHMENT FACILITIES. 
42 USC 2243. 
"(a) ENVIRONMENTAL IMPACT STATEMENT.— 
"(1) MAJOR FEDERAL ACTION.—The issuance of a license under 
sections 53 and 63 for the construction and operation of any 
uranium enrichment facility shall be considered a major Fed-
eral action significantly affecting the quality of the human 
environment for purposes of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
"(2) TIMING.—An environmental impact statement prepared 
under paragraph (1) shall be prepared before the hearing on the 
issuance of a license for the construction and operation of a 
uranium enrichment facility is completed. 
"Ot)) ADJUDICATORY HEARING.— 
104 STAT. 2836 
PUBLIC LAW 101-575—NOV. 15, 1990 
Federal 
Register, 
publication. 
Nuclear 
materials. 
Claims. 
98 Stat. 416; 
99 Stat. 321. 
"(1) IN GENERAL.—The Commission shall conduct a single 
adjudicatory hearing on the record with regard to the licensing 
of the construction and operation of a uranium enrichment 
facility under sections 53 and 63, 
"(2) TIMING.—Such hearing shall be completed and a decision 
issued before the issuance of a license for such construction and 
operation. 
"(3) SINGLE PROCEEDING.—No further Commission licensing 
action shall be required to authorize operation. 
"(c) INSPECTION AND OPERATION.—Prior to commencement of oper-
ation of a uranium enrichment facility licensed hereunder, the 
Commission shall verify through inspection that the facility has 
been constructed in accordance with the requirements of the license 
for construction and operation. The Commission shall publish notice 
of the inspection results in the Federal Register. 
"(d) INSURANCE AND DECOMMISSIONING.— 
"(1) The Commission shall require, as a condition of the 
issuance of a license under sections 53 and 63 for a uranium 
enrichment facility, that the licensee have and maintain liabil-
ity insurance of such type and in such amounts as the Commis-
sion judges appropriate to cover liability claims arising out of 
any occurrence within the United States, causing, within or 
outside the United States, bodily injury, sickness, disease, or 
death, or loss of or damage to property, or loss of use of 
property, arising out of or resulting from the radioactive, toxic, 
explosive, or other hazardous properties of chemical compounds 
containing source or special nuclear material. 
"(2) The Commission shall require, as a condition for the 
issuance of a license under sections 53 and 63 for a uranium 
enrichment facility, that the licensee provide adequate assur-
ance of the availability of funds for the decommissioning 
(including decontamination) of such facility using funding 
mechanisms that may include, but are not necessarily limited 
to, the following: 
"(A) Prepa3nnent (in the form of a trust, escrow account, 
government fund, certificate of deposit, or deposit of 
government securities). 
"(B) Surety (in the form of a surety or performance bond, 
letter of credit, or line of credit), insurance, or other 
guarantee (including parent company guarantee) method. 
"(C) External sinking fund in which deposits are made at 
least annually. 
"(e) NO PRICE-ANDERSON COVERAGE.—Section 170 of this Act shall 
not apply to any license under section 53 or 63 for a uranium 
enrichment facility constructed after the date of enactment of this 
section.". 
SEC. 6. RIGHT-OF-WAY USE. 
(a) The proposed alignment of the Harold T. (Bizz) Johnson 
California-Pacific Northwest Intertie line authorized by Public Laws 
98-360 and 99-88 within Contra Costa County, California, is hereby 
rejected. 
(b) The Secretary of Energy, acting through the Western Area 
Power Administration, in consultation with all Intertie project 
participants, shall, prior to January 30, 1991, submit to the Commit-
tee on Interior and Insular Affairs of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate 
PUBLIC LAW 101-575—NOV. 15, 1990 
104 STAT. 2837 
a proposed realignment of the Intertie within Contra Costa County, 
California. 
(c) To the maximum extent practicable, the proposed realignment 
shall be consistent with the needs of affected landowners, East Bay 
Regional Park District, the environment, and system security and 
reliability. 
(d) No action shall be taken to implement the proposed realign-
ment prior to March 1,1991. 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—H.R. 4808 (S. 2415): 
HOUSE REPORTS: No. 101-885 (Comm. on Enerey and Commerce). 
SENATE REPORTS: No. 101-470 accompanying S. 2415 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 26, S. 2415 considered and passed Senate. 
Oct. 23, H.R. 4808 considered and passed House. 
Oct. 27, considered and passed Senate, amended. House concurred in Senate 
amendment.