Dry Cask Storage Act of 2014 - Amends the Nuclear Waste Policy Act of 1982 to require each licensee of the Nuclear Regulatory Commission (NRC) to submit a plan for: (1) transfer (including on-going additional transfers) to spent nuclear fuel dry casks of any spent nuclear fuel stored by the licensee for at least seven years in spent nuclear fuel pools, and (2) configuration of the remaining spent nuclear fuel in the pool in a manner that minimizes the chance of a fire if there is a loss of water in the pool.
Requires the NRC to approve or disapprove the plan within 90 days after its submission.
Authorizes the NRC to make a grant to any licensee with an approved plan to assist in the cost of transferring spent nuclear fuel to dry casks under the plan.
Requires the emergency planning zone applicable to each civilian nuclear power reactor to be at least 10 miles in radius until all spent nuclear fuel at the reactor has been transferred to dry casks.
Directs the NRC to expand to 50 miles in radius the emergency planning zone applicable to each reactor not in compliance with an approved plan. Makes the licensee responsible for all coasts associated with expansion.
Requires the Secretary of the Treasury to transfer annually to the NRC, to pay the costs of the grants program, 10% of the interest generated during the preceding fiscal year from investments of the Nuclear Waste Fund.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2325 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2325
To amend the Nuclear Waste Policy Act of 1982 to provide for the
expansion of emergency planning zones and the development of plans for
dry cask storage of spent nuclear fuel, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2014
Mr. Markey (for himself, Mrs. Boxer, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Nuclear Waste Policy Act of 1982 to provide for the
expansion of emergency planning zones and the development of plans for
dry cask storage of spent nuclear fuel, and for other purposes.
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 ``Dry Cask Storage Act of 2014''.
SEC. 2. EMERGENCY PLANNING ZONES; DRY CASK STORAGE OF SPENT NUCLEAR
FUEL.
(a) In General.--Title I of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10121 et seq.) is amended by adding at the end the
following:
``Subtitle I--Emergency Planning Zones; Dry Cask Storage of Spent
Nuclear Fuel
``SEC. 185. DEFINITIONS.
``In this subtitle:
``(1) Emergency planning zone.--The term `emergency
planning zone' means the emergency planning zone that is
delineated with respect to the plume exposure pathway (as
defined in section 350.2 of title 44, Code of Federal
Regulations (or any successor regulation)) of a civilian
nuclear power reactor.
``(2) Licensee.--The term `licensee' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or any successor regulation).
``(3) Spent nuclear fuel dry cask.--The term `spent nuclear
fuel dry cask' means a container (including any components and
systems associated with the container) in which spent nuclear
fuel is stored at an independent spent fuel storage facility--
``(A) that is--
``(i) licensed by the Commission; and
``(ii) located at a civilian nuclear power
reactor site; and
``(B) the design of which--
``(i) includes a realistic security,
seismic, and flooding design basis, as
determined by the Commission; and
``(ii) is approved by the Commission.
``SEC. 186. PLAN FOR DRY CASK STORAGE OF SPENT NUCLEAR FUEL.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, each licensee shall submit to the Commission
a plan that provides for--
``(1) by the deadline specified in subsection (b), the
transfer to spent nuclear fuel dry casks of any spent nuclear
fuel that is--
``(A) stored by the licensee in spent nuclear fuel
pools; and
``(B) qualified to be placed in spent nuclear fuel
dry casks, in accordance with subsection (d);
``(2) on completion of the transfer under paragraph (1),
the additional transfer, on an ongoing basis, of any additional
spent nuclear fuel that is stored by the licensee in spent
nuclear fuel pools and that, after the date of the transfer
under paragraph (1), is determined to be qualified to be placed
in spent nuclear fuel dry casks, in accordance with subsection
(d), subject to the requirement that each additional transfer
shall be completed by the date that is 1 year after the date on
which the applicable spent nuclear fuel is determined to be
qualified to be placed in spent nuclear fuel dry casks, in
accordance with that subsection; and
``(3) the configuration of the remaining spent nuclear fuel
in the spent nuclear fuel pool in a manner that minimizes the
chance of a fire if there is a loss of water in the spent
nuclear fuel pool.
``(b) Deadline for Transfer.--The deadline for transfer referred to
in subsection (a)(1) is not later than the date that is 7 years after
the date of submission of the plan.
``(c) Approval or Disapproval by Commission.--
``(1) In general.--Not later than 90 days after the date on
which a plan is submitted under subsection (a), the Commission
shall approve or disapprove the plan.
``(2) Action following disapproval.--If the Commission
disapproves a plan under paragraph (1), the Commission shall--
``(A) advise the licensee in writing of the reasons
for the disapproval;
``(B) make recommendations for revisions to the
plan, which shall be submitted to the Commission by the
date that is 30 days after the date on which the
Commission provides notice of the disapproval under
subparagraph (A); and
``(C) not later than 30 days after the date of
receipt of a revised plan under subparagraph (B),
approve or disapprove the revised plan.
``(d) Qualification for Placement in Spent Nuclear Fuel Dry
Casks.--
``(1) In general.--Except as provided in paragraph (2),
spent nuclear fuel shall be considered to be qualified to be
placed in spent nuclear fuel dry casks under this section if
the spent nuclear fuel has been stored in spent nuclear fuel
pools for a period of at least 7 years.
``(2) Exception.--Notwithstanding paragraph (1), spent
nuclear fuel shall not be considered to be qualified to be
placed in spent nuclear fuel dry casks under this section if
there does not exist an approved spent nuclear fuel dry cask in
which the spent nuclear fuel may be placed.
``(e) Grants.--
``(1) In general.--Subject to paragraph (3), the Commission
may provide to any licensee that has a plan approved under
subsection (c) a grant to assist in the cost of transferring
spent nuclear fuel to spent nuclear fuel dry casks under the
approved plan.
``(2) Preference.--In providing grants under paragraph (1),
the Commission shall give preference to funding the
implementation of approved plans--
``(A) at civilian nuclear power reactors at which
the spent nuclear fuel pools are close to being filled
to capacity;
``(B) that are supported by the State or unit of
local government in which the civilian nuclear power
reactor is located; and
``(C) at civilian nuclear power reactors that have
permanently ceased operations.
``(3) Limitation.--No grants may be provided under
paragraph (1) to a licensee that the Commission determines is
not in compliance with the approved plan, in accordance with
subsection (f).
``(f) Biennial Review.--Beginning on the date that is 2 years after
the date on which a plan is approved under subsection (c) and every 2
years thereafter, the Commission shall conduct a review to determine
whether the licensee is in compliance with the approved plan.
``SEC. 187. EXPANSION AND APPLICABILITY OF EMERGENCY PLANNING ZONE.
``(a) In General.--The emergency planning zone that is applicable
to each civilian nuclear power reactor shall be at least 10 miles in
radius until the date on which all spent nuclear fuel at the civilian
nuclear power reactor has been transferred to spent nuclear fuel dry
casks.
``(b) Expansion of Emergency Planning Zone.--
``(1) In general.--Except as provided in paragraph (2) and
subject to paragraph (3), by the date that is 18 months after
the date of enactment of this section, the Commission shall
expand the emergency planning zone that is applicable to each
civilian nuclear power reactor to 50 miles in radius.
``(2) Exception.--Paragraph (1) shall not apply to any
civilian nuclear power reactor that is in compliance with a
plan approved by the Commission under section 186(c), as
determined by the Commission under section 186(f).
``(3) Payment of costs.--The licensee shall be responsible
for all costs associated with the expansion of the applicable
emergency planning zone under paragraph (1).''.
(b) Use of Interest.--Section 302(e) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(e)) is amended by adding at the end the
following:
``(7) Use of interest.--Annually, the Secretary of the
Treasury shall transfer to the Commission an amount equal to at
least 10 percent of the amount of interest generated during the
preceding fiscal year under paragraph (3) for use, without
further appropriation or fiscal year limitation, to pay the
costs of carrying out section 186(e).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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