- § 13521. Policy on major construction projects
- § 13522. Energy Research, Development, Demonstration, and Commercial Application Advisory Board
- § 13523. Management plan
- § 13524. Costs related to decommissioning and storage and disposal of nuclear waste
- § 13525. Limits on participation by companies
- § 13526. Uncosted obligations
§ 13521. Policy on major construction projects
(a) Report and management plan
(b) Congressional review
(Pub. L. 102–486, title XXIII, § 2301, Oct. 24, 1992, 106 Stat. 3092.)
§ 13522. Energy Research, Development, Demonstration, and Commercial Application Advisory Board
(a) Establishment
(b) Responsibilities
(c) Use of existing advisory board
(Pub. L. 102–486, title XXIII, § 2302, Oct. 24, 1992, 106 Stat. 3092.)
§ 13523. Management plan
(a) Plan preparation
(b) Contents of planThe management plan under subsection (a) shall provide for—
(1) investigation of promising energy and energy efficiency resource technologies that have been identified as potentially significant future contributors to national energy security;
(2) development of energy and energy efficiency resource technologies that have the potential to reduce energy supply vulnerability, and to minimize adverse impacts on the environment, the global climate, and the economy; and
(3) creation of opportunities for export of energy and energy efficiency resource technologies from the United States that can enhance the Nation’s competitiveness.
(c) Energy technology inventory and status reportAs part of the management plan, the Secretary, with the advice of the Advisory Board established under section 13522 of this title, shall develop an inventory and status report of technologies to enhance energy supply and to improve the efficiency of energy end uses. The inventory and status report shall include fossil, renewable, nuclear, and energy conservation technologies which have not yet achieved the status of fully reliable and cost-competitive commercial availability, but which the Secretary projects may become available with additional research, development, and demonstration. The inventory and status report shall provide, for each technology—
(1) an assessment of its—
(A) degree of technological maturity; and
(B) principal research, development, and demonstration issues, including—
(i) the barriers posed by capital, operating, and maintenance costs;
(ii) technical performance; and
(iii) potential environmental impacts;
(2) the projected time frame for commercial availability, specifying at a minimum whether the technology will be commercially available in the near-term, mid-term, or long-term, whether there are too many uncertainties to project availability, or whether it is unlikely that the technology will ever be commercial; and
(3) a projection of the future cost-competitiveness of the technology in comparison with alternative technologies to provide the same energy service.
(d) Public comment
(e) Plan submission
(Pub. L. 102–486, title XXIII, § 2304, Oct. 24, 1992, 106 Stat. 3093.)
§ 13524. Costs related to decommissioning and storage and disposal of nuclear waste
(a) Award of contracts
(1) Prime contractors
In awarding contracts to perform nuclear hot cell services, the Secretary, in evaluating bids for such contracts, shall exclude from consideration costs related to the decommissioning of nuclear facilities or the storage and disposal of nuclear waste, if—
(A) one or more of the parties bidding to perform such services is a United States company that is subject to such costs; and
(B) one or more of the parties bidding to perform such services is a foreign company that is not subject to comparable costs.
(2) Subcontractors
(b) Issuance of regulations
(c) Definitions
As used in this section—
(1) the term “costs related to decommissioning of nuclear facilities” means any cost associated with the compliance with regulatory requirements governing the decommissioning of nuclear facilities licensed by the Nuclear Regulatory Commission;
(2) the term “costs related to storage and disposal of nuclear waste” means any costs, whether required by regulation or incurred as a matter of prudent business practice, associated with the storage or disposal of nuclear waste;
(3) the term “nuclear hot cell services” means services related to the examination of, or performance of various operations on, nuclear fuel rods, control assemblies, or other components that are emitting large quantities of ionizing radiation; and
(4) the term “nuclear waste” means any radioactive waste material subject to regulation by the Nuclear Regulatory Commission or the Department of Energy.
(Pub. L. 102–486, title XXIII, § 2305, Oct. 24, 1992, 106 Stat. 3094.)
§ 13525. Limits on participation by companiesA company shall be eligible to receive financial assistance under subchapters VIII through XI of this chapter only if—
(1) the Secretary finds that the company’s participation in any program under such subchapters would be in the economic interest of the United States, as evidenced by investments in the United States in research, development, and manufacturing (including, for example, the manufacture of major components or subassemblies in the United States); significant contributions to employment in the United States; an agreement with respect to any technology arising from assistance provided under this section to promote the manufacture within the United States of products resulting from that technology (taking into account the goals of promoting the competitiveness of United States industry), and to procure parts and materials from competitive suppliers; and
(2) either—
(A) the company is a United States-owned company; or
(B) the Secretary finds that the company is incorporated in the United States and has a parent company which is incorporated in a country which affords to United States-owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those authorized under this Act; affords to United States-owned companies local investment opportunities comparable to those afforded to any other company; and affords adequate and effective protection for the intellectual property rights of United States-owned companies.
(Pub. L. 102–486, title XXIII, § 2306, Oct. 24, 1992, 106 Stat. 3095.)
§ 13526. Uncosted obligations
(a) ReportAlong with the submission of each of the President’s annual budget requests to Congress, the Secretary shall submit to Congress a report which—
(1) identifies the amount of Department of Energy funds that were, as of the end of the previous fiscal year—
(A) committed uncosted obligations; and
(B) uncommitted uncosted obligations;
(2) specifically describes the purposes for which all such funds are intended; and
(3) explains the effect that information contained in the report has had on the annual budget request for the Department of Energy being simultaneously submitted.
(b) Definitions
(Pub. L. 102–486, title XXIII, § 2307, Oct. 24, 1992, 106 Stat. 3096.)