1. U.S. Code
  2. title 42
  3. chapter 23
  4. subchapter IV
  5. § 2063

Collapse to view only § 2063. Acquisition of production facilities

§ 2061. Production facilities
(a) Ownership
(b) Operation of Commission’s facilities
(c) Operation of other facilities
(Aug. 1, 1946, ch. 724, title I, § 41, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; amended Pub. L. 90–190, § 8, Dec. 14, 1967, 81 Stat. 577; Pub. L. 101–575, § 5(c), Nov. 15, 1990, 104 Stat. 2835; renumbered title I and amended Pub. L. 102–486, title IX, § 902(a)(2), (8), Oct. 24, 1992, 106 Stat. 2943, 2944.)

CITE AS: 42 USC 2061

§ 2062. Irradiation of materials

The Commission and persons lawfully producing or utilizing special nuclear material are authorized to expose materials of any kind to the radiation incident to the processes of producing or utilizing special nuclear material.

(Aug. 1, 1946, ch. 724, title I, § 42, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 929; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

CITE AS: 42 USC 2062

§ 2063. Acquisition of production facilities

The Commission is authorized to purchase any interest in facilities for the production of special nuclear materials, or in real property on which such facilities are located, without regard to the provisions of section 6101 of title 41 upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advance payments may be made under contracts for such purposes. The Commission is further authorized to requisition, condemn, or otherwise acquire any interest in such production facilities, or to condemn or otherwise acquire such real property, and just compensation shall be made therefor.

(Aug. 1, 1946, ch. 724, title I, § 43, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 929; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

CITE AS: 42 USC 2063

§ 2064. Disposition of energy; regulation on sale

If energy is produced at production facilities of the Commission or is produced in experimental utilization facilities of the Commission, such energy may be used by the Commission, or transferred to other Government agencies, or sold to publicly, cooperatively, or privately owned utilities or users at reasonable and nondiscriminatory prices. If the energy produced is electric energy, the price shall be subject to regulation by the appropriate agency having jurisdiction. In contracting for the disposal of such energy, the Commission shall give

(Aug. 1, 1946, ch. 724, title I, § 44, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 929; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

CITE AS: 42 USC 2064

§ 2065. Improving the reliability of domestic medical isotope supply
(a) Medical isotope development projects
(1) In general
The Secretary shall carry out a technology-neutral program—
(A) to evaluate and support projects for the production in the United States, without the use of highly enriched uranium, of significant quantities of molybdenum-99 for medical uses;
(B) to be carried out in cooperation with non-Federal entities; and
(C) the costs of which shall be shared in accordance with section 16352 of this title.
(2) Criteria
Projects shall be evaluated against the following primary criteria:
(A) The length of time necessary for the proposed project to begin production of molybdenum-99 for medical uses within the United States.
(B) The capability of the proposed project to produce a significant percentage of United States demand for molybdenum-99 for medical uses.
(C) The capability of the proposed project to produce molybdenum-99 in a cost-effective manner.
(D) The cost of the proposed project.
(3) Exemption
An existing reactor in the United States fueled with highly enriched uranium shall not be disqualified from the program if the Secretary determines that—
(A) there is no alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, that can be used in that reactor;
(B) the reactor operator has provided assurances that, whenever an alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and
(C) the reactor operator has provided a current report on the status of its efforts to convert the reactor to an alternative nuclear reactor fuel enriched in the isotope U–235 to less than 20 percent, and an anticipated schedule for completion of conversion.
(4) Public participation and review
The Secretary shall—
(A) develop a program plan and annually update the program plan through public workshops; and
(B) use the Nuclear Science Advisory Committee to conduct triennial reviews of the progress made in achieving the program goals and make recommendations to improve program effectiveness.
(b) Development assistance
The Secretary shall carry out a program to provide assistance for—
(1) the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium; and
(2) commercial operations using the fuels, targets, and processes described in paragraph (1).
(c) Uranium lease and take-back
(1) In general
(2) Title
(3) Duties
(A) Secretary
The lease contracts shall require the Secretary—
(i) to retain responsibility for the final disposition of spent nuclear fuel created by the irradiation, processing, or purification of uranium leased under this section for the production of medical isotopes; and
(ii) to take title to and be responsible for the final disposition of radioactive waste created by the irradiation, processing, or purification of uranium leased under this section for which the Secretary determines the producer does not have access to a disposal path.
(B) Producer
(4) Compensation
(A) In general
Subject to subparagraph (B), the lease contracts shall provide for compensation in cash amounts equivalent to prevailing market rates for the sale of comparable uranium products and for compensation in cash amounts equivalent to the net present value of the cost to the Federal Government for—
(i) the final disposition of spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3); and
(ii) other costs associated with carrying out the uranium lease and take-back program authorized by this subsection.
(B) Discount rate
(5) Authorized use of funds
(6) Exchange of uranium for services
The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for—
(A) services related to the final disposition of the spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3); or
(B) any other services associated with carrying out the uranium lease and take-back program authorized by this subsection.
(d) Coordination of environmental reviews
(e) Operational date
(f) Radioactive waste
(Pub. L. 112–239, div. C, title XXXI, § 3173, Jan. 2, 2013, 126 Stat. 2211; Pub. L. 117–81, div. C, title XXXI, § 3131(c), Dec. 27, 2021, 135 Stat. 2230.)

CITE AS: 42 USC 2065

§§ 2297d, 2297d–1. Repealed. Pub. L. 104–134, title III, § 3116(a)(1), Apr. 26, 1996, 110 Stat. 1321–349

CITE AS: 42 USC 2297d, 2297d-1