Department of Energy Authorization Act for Fiscal Year 1980

(Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 96-232)

Department of Energy Authorization Act for Fiscal Year 1980 - Civilian Applications - =Title I: Research and Development= - Authorizes appropriations for fiscal year 1980 for operating expenses and capital investment for fossil fuel programs related to coal, petroleum and enhanced gas recovery.

Authorizes appropriations for specified fossil energy construction projects related to coal.

Authorizes appropriations for operating expenses, construction, and capital investment for energy supply research and development programs and specified projects related to solar energy, biomass energy, nuclear fission, magnetic fusion, geothermal energy, low head hydroelectric power, environmental protection, basic research, and electric energy systems and storage.

Repeals existing authority for the Clinch River Breeder Reactor (CRBR) Project. Directs the Secretary of Energy to complete only the systems design for the CRBR project and to procure and test components as he determines to be useful for research and development activities on advanced fission technology.

Directs the Secretary to assure that generic environmental or technical issues related to the CRBR Project activities are fully documented and discussed with the Nuclear Regulatory Commission staff. Requires the Secretary to initiate a conceptual design study of a new liquid metal fast breeder reactor test plant and to submit such study to the President and to the Congress. Authorizes appropriations for such design projects and components testing.

Directs the Secretary to study the desirability of creating a national magnetic confinement fusion reactor engineering center for the purpose of accelerating fusion technology development and report the results to specified Congressional committees.

Requires the President to submit to the Congress an advanced converter reactor commercialization strategy.

Authorizes appropriations for operating expenses, construction, and capital investment for specified conservation research and development programs.

Authorizes appropriations for operating expenses, construction, and capital investment for specified general science and research programs and projects.

Authorizes appropriations for operating expenses, construction, and capital investment for the uranium enrichment process development program.

Authorizes appropriations for operating expenses of the Geothermal Resources Development Fund.

=Title II: Regulation and Information and Other Activities= - Authorizes appropriations for fiscal year 1980 for expenses to the Economic Regulatory Administration, the Office of Hearings and Appeals, the Federal Energy Regulatory Commission, for the Energy Information Administration and the Strategic Petroleum Reserves program.

Amends the Energy Policy and Conservation Act to require that regional petroleum reserves be established as part of the Strategic Petroleum Reserve. Directs the Secretary to submit to the Congress a report on oil acquisition strategies for the Strategic Petroleum Reserve.

Requires the President to review and modify existing crude oil supplier and purchases regulations to remove those provisions of the regulations which restrict competition.

=Title III: Commercialization and Related Activities= - Authorizes appropriations for fiscal year 1980 for expenses for specified fossil energy, renewable resources, conservation commercialization programs and related activities, and multiresources commercialization programs.

Amends the Public Utility Regulatory Policies Act of 1978 to authorize the Secretary to guarantee the payment of interest on, and the principle balance of, bonds, debentures, notes, and other obligations issued by State and local governments for the financing of small hydroelectric power projects. Limits the total outstanding indebtedness to $300,000,000. Establishes, within the Treasury, a revolving fund to carry out such guarantee program.

Amends the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976 to direct the Secretaries of Energy and Transportation to conduct an evaluation program of the inclusion of electric vehicles in the Corporate Average Fuel Economy calculations as an incentive for the early commercialization of such vehicles.

Amends the National Energy Conservation Policy Act to extend the Federal solar building program from 1980 to 1983.

=Title IV: Power Marketing, Federal Leasing and Other Activities= - Authorizes appropriations for fiscal year 1980 for the Alaska Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, and the Western Area Power Administration.

Authorizes appropriations for specified Federal leasing and fuel data gathering and analysis programs.

=Title V: Nuclear Assessment, Spent Fuel Storage, Operations and Decontamination and Decommissioning= - Authorizes appropriations for fiscal year 1980 for uranium resource assessment operating expenses, construction, and capital investment.

Authorizes appropriations for operating expenses and construction for spent fuel storage, and for decontamination and decommissioning programs.

=Title VI: Other Renewable Resources and Conservation Activities= - Authorizes appropriations for fiscal year 1980 for operating expenses for other renewable resources and conservation activities programs.

Amends the Powerplant and Industrial Fuel Use Act of 1978 to change the requirements for impacted area designations for purposes of the Federal assistance program for areas impacted by increased coal or uranium production.

=Title VII: Other Departmental Activities= - Authorizes appropriations for fiscal year 1980 for operating expenses, construction, and capital investment for specified uranium enrichment activities, programs, and projects.

Directs the Secretary of Energy to submit to the President and the Congress a full and complete statement of the Department's policy governing civilian uranium enrichment services and a plan for civilian uranium enrichment operations through 1990, with projections to the year 2000.

Amends the Atomic Energy Act of 1954 to require that procedures for the establishment of any uranium enrichment services price include prior notification in the Federal Register, a public hearing, and judicial review.

Authorizes appropriations for operating expenses, construction, and capital investment for the commercial waste management program.

Authorizes appropriations for operating expenses, construction, and capital investment for specified Department of Energy administrative activities, programs, and projects.

Sets forth a formula for the payment of community assistance to Los Alamos, New Mexico, for any fiscal year after 1980.

=Title VIII: General Provisions Applicable to Annual Authorization Acts= - Prohibits the use of funds authorized under this Act where the costs of the program exceed the program amount authorized. Prohibits the use of funds authorized by this Act for programs which have not been presented to or requested of the Congress unless 30 days have elapsed from the time the Secretary of Energy has presented to all appropriate congressional committees a full and complete statement of the proposed action. Allows the written waiver of such requirement where the waiver is signed by each appropriate congressional committee.

Provides that the aggregate amount available for any program from sums appropriated pursuant to an annual authorization Act may not, as a result of reprogramming, be decreased by more than ten percent.

Permits authorized appropriations for operating expenses to be used for the construction or acquisition of facilities for the performance of authorized activities and for grants to any organization for purchase or construction of research facilities. Prohibits the use of such funds for acquisition of land.

Prohibits the use of funds for specified types of facilities the cost of which exceed $5,000,000 and for specified major items of equipment the cost of which exceed $2,000,000 unless previously authorized by the Congress, or unless the Secretary transmits to the appropriate Congressional committees an explanatory report on such facility or item and waits 30 days. Waives such 30-day requirement where each such committee notifies the Secretary that it does not object to such action.

Authorizes the Secretary to use up to one percent of authorized appropriations for operating expenses to construct, expand, modify, or acquire laboratories and other facilities, including acquisition of land under the control of the Secretary if the Secretary determines that such action is: (1) necessary because of changes in authorized national programs or because of new scientific or engineering developments; and (2) deferral of such action would be inconsistent with congressionally established Department policy. Sets forth reporting requirements for such actions. Waives requirements of this section for projects costing less than $50,000.

Authorizes the Secretary to start any general plant project only if its estimated cost does not exceed $1,000,000 and the estimated cost of any building included in such project does not exceed $400,000. Stipulates that general plant projects shall not exceed the authorized amount for such project by more than 25 percent unless and until appropriations covering such excess are authorized.

Sets forth provisions for the merger of unexpended funds to new appropriation accounts within the Department of Energy for like purposes. Stipulates that funds appropriated for plant and capital equipment may not be merged with funds appropriated for operating expenses.

Requires that uranium enrichment revenues retained by the Department of Energy be offset against the costs of uranium enrichment services. Stipulates that funds received from power marketing and naval petroleum reserve activities shall be disposed of in accordance with the laws pertaining to such activities.

Allows transfer of appropriated funds to other Federal agencies for the performance of the work for which the appropriation is made.

Authorizes the Secretary, in implementing an international agreement relating to research, development, and demonstration activities, to limit the award of procurement contracts, grants, and agreements among the nations funding such activities under such international agreement.

Provides that this Act shall not apply to any authorization of appropriations for fiscal year 1980 for any military application of nuclear energy, for research and development in support of the Armed Forces, or for the common defense and security of the United States.

Repeals certain provisions of the Department of Energy Act of 1978 - Civilian Applications relating to annual authorizations of appropriations for certain Department activities.

=Title IX: Miscellaneous Provisions= - Authorizes appropriations for fiscal year 1980 for the continuation and completion of the exploration program for the National Petroleum Reserve, Alaska. Directs the Secretary of the Interior to continue and complete such program. Prohibits the Secretary, on the basis of exploratory drilling in 1979, to terminate the exploratory program, to make final conclusions, and to make final administrative decisions on Federal leasing of Reserve lands.