- § 18751. Infrastructure planning for micro and small modular nuclear reactors
- § 18752. Property interests relating to certain projects and protection of information relating to certain agreements
- § 18753. Civil nuclear credit program
§ 18751. Infrastructure planning for micro and small modular nuclear reactors
(a) DefinitionsIn this section:
(1) Advanced nuclear reactor
(2) Isolated community
(3) Micro-reactor
(4) National Laboratory
(5) Small modular reactorThe term “small modular reactor” means an advanced nuclear reactor—
(A) with a rated capacity of less than 300 electrical megawatts; and
(B) that can be constructed and operated in combination with similar reactors at a single site.
(b) Report
(c) ElementsThe report required by subsection (b) shall address the following:
(1) An evaluation by the Department of current resilience and carbon reduction requirements for energy for facilities of the Department to determine whether changes are needed to address—
(A) the need to provide uninterrupted power to facilities of the Department for at least 3 days during power grid failures;
(B) the need for protection against cyber threats and electromagnetic pulses; and
(C) resilience to extreme natural events, including earthquakes, volcanic activity, tornados, hurricanes, floods, tsunamis, lahars, landslides, seiches, a large quantity of snowfall, and very low or high temperatures.
(2) A strategy of the Department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the Department.
(3) A strategy to partner with private industry to develop and deploy micro-reactors and small modular reactors to remote communities in order to replace diesel generation and other fossil fuels.
(4) An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro-reactors and small modular reactors and to co-located nuclear facilities with the capability to provide dedicated power to the facility of the Department during a grid outage or failure.
(5) The plans of the Department—
(A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026;
(B) for deploying a small modular reactor to produce energy for use by a facility of the Department in the United States by 2029; and
(C) to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs.
(d) Financial and technical assistance for siting micro-reactors, small modular reactors, and advanced nuclear reactors
(1) In general
(2) Requirement
(3) Limitation
(Pub. L. 117–58, div. D, title III, § 40321, Nov. 15, 2021, 135 Stat. 1016.)
§ 18752. Property interests relating to certain projects and protection of information relating to certain agreements
(a)1
1 So in original. No subsec. (b) has been enacted.
Property interests relating to federally funded advanced nuclear reactor projects(1) DefinitionsIn this section:
(A) Advanced nuclear reactor
(B) Property interest
(i) In general
(ii) Exclusion
(2) Assignment of property interests
(3) Project describedA project referred to in paragraph (2) is—
(A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of November 15, 2021;
(B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the span “Nuclear Energy” under the span “ENERGY PROGRAMS” in title III of division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2670);
(C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or
(D) a project—
(i) relating to advanced nuclear reactors; and
(ii) for which Federal funding is provided under a program focused on development and demonstration.
(4) Retroactive vesting
(Pub. L. 117–58, div. D, title III, § 40322(a), Nov. 15, 2021, 135 Stat. 1017.)
§ 18753. Civil nuclear credit program
(a) DefinitionsIn this section:
(1) Certified nuclear reactorThe term “certified nuclear reactor” means a nuclear reactor that—
(A) competes in a competitive electricity market; and
(B) is certified under subsection (c)(2)(A)(i) to submit a sealed bid in accordance with subsection (d).
(2) Credit
(b) Establishment of programThe Secretary shall establish a civil nuclear credit program—
(1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and
(2) to allocate credits to certified nuclear reactors 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 generalIn order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including—
(i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including—(I) the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated;(II) any private or publicly available 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 incremental air pollutants that would result if the nuclear reactor were to cease operations;
(iii) known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and
(iv) a detailed plan to sustain operations 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) TimelineThe Secretary shall accept applications described in subparagraph (A)—
(i) until the date that is 120 days after November 15, 2021; and
(ii) not less frequently than every year thereafter.
(C) Payments from State programs
(i) In general
(ii) Requirement
(2) Determination to certify
(A) Determination
(i) In general
(ii) Minimum requirementsTo the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if—(I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors;(II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and(III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor—(aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations) 1
1 So in original. Probably should be followed by a second closing parenthesis.
of the nuclear reactor; and(bb) poses no significant safety hazards.(iii) Priority
(B) NoticeFor each application received under paragraph (1)(A), 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 nuclear reactor was denied.
(d) Bidding process
(1) In generalSubject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that—
(A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in subsection (c)(1)(A)(i)(I); and
(B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated.
(2) Requirement
(e) Allocation
(1) AuctionNotwithstanding section 2209 of this title, the Secretary shall—
(A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and
(B) select certified nuclear reactors to be allocated credits.
(2) Credits
(3) Requirement
(f) Renewal
(1) In general
(2) Limitation
(g) Additional requirements
(1) Audit
(2) RecaptureThe Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)—
(A) terminates operations; or
(B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor.
(3) Confidentiality
(h) ReportNot later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include—
(1) an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability;
(2) a quantification of the ratepayer savings achieved under this section; and
(3) any recommendations to renew or expand the credits.
(i) Authorization of appropriations
(Pub. L. 117–58, div. D, title III, § 40323, Nov. 15, 2021, 135 Stat. 1019.)