
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10198]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
   SUBCHAPTER II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING 
     DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
 
Sec. 10198. Research and development on spent nuclear fuel


(a) Demonstration and cooperative programs

    The Secretary shall establish a demonstration program, in 
cooperation with the private sector, for the dry storage of spent 
nuclear fuel at civilian nuclear power reactor sites, with the objective 
of establishing one or more technologies that the Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission. Not later than 1 year after 
January 7, 1983, the Secretary shall select at least 1, but not more 
than 3, sites evaluated under section 10194 of this title at such power 
reactors. In selecting such site or sites, the Secretary shall give 
preference to civilian nuclear power reactors that will soon have a 
shortage of interim storage capacity for spent nuclear fuel. Subject to 
reaching agreement as provided in subsection (b) of this section, the 
Secretary shall undertake activities to assist such power reactors with 
demonstration projects at such sites, which may use one of the following 
types of alternate storage technologies: spent nuclear fuel storage 
casks, caissons, or silos. The Secretary shall also undertake a 
cooperative program with civilian nuclear power reactors to encourage 
the development of the technology for spent nuclear fuel rod 
consolidation in existing power reactor water storage basins.

(b) Cooperative agreements

    To carry out the programs described in subsection (a) of this 
section, the Secretary shall enter into a cooperative agreement with 
each utility involved that specifies, at a minimum, that--
        (1) such utility shall select the alternate storage technique to 
    be used, make the land and spent nuclear fuel available for the dry 
    storage demonstration, submit and provide site-specific 
    documentation for a license application to the Commission, obtain a 
    license relating to the facility involved, construct such facility, 
    operate such facility after licensing, pay the costs required to 
    construct such facility, and pay all costs associated with the 
    operation and maintenance of such facility;
        (2) the Secretary shall provide, on a cost-sharing basis, 
    consultative and technical assistance, including design support and 
    generic licensing documentation, to assist such utility in obtaining 
    the construction authorization and appropriate license from the 
    Commission; and
        (3) the Secretary shall provide generic research and development 
    of alternative spent nuclear fuel storage techniques to enhance 
    utility-provided, at-reactor storage capabilities, if authorized in 
    any other provision of this chapter or in any other provision of 
    law.

(c) Dry storage research and development

    (1) The consultative and technical assistance referred to in 
subsection (b)(2) of this section may include, but shall not be limited 
to, the establishment of a research and development program for the dry 
storage of not more than 300 metric tons of spent nuclear fuel at 
facilities owned by the Federal Government on January 7, 1983. The 
purpose of such program shall be to collect necessary data to assist the 
utilities involved in the licensing process.
    (2) To the extent available, and consistent with the provisions of 
section 10155 of this title, the Secretary shall provide spent nuclear 
fuel for the research and development program authorized in this 
subsection from spent nuclear fuel received by the Secretary for storage 
under section 10155 of this title. Such spent nuclear fuel shall not be 
subject to the provisions of section 10155(e) of this title.

(d) Funding

    The total contribution from the Secretary from Federal funds and the 
use of Federal facilities or services shall not exceed 25 percent of the 
total costs of the demonstration program authorized in subsection (a) of 
this section, as estimated by the Secretary. All remaining costs of such 
program shall be paid by the utilities involved or shall be provided by 
the Secretary from the Interim Storage Fund established in section 10156 
of this title.

(e) Relation to spent nuclear fuel storage program

    The spent nuclear fuel storage program authorized in section 10155 
of this title shall not be construed to authorize the use of research 
development or demonstration facilities owned by the Department unless--
        (1) a period of 30 calendar days (not including any day in which 
    either House of Congress is not in session because of adjournment of 
    more than 3 calendar days to a day certain) has passed after the 
    Secretary has transmitted to the Committee on Science, Space, and 
    Technology of the House of Representatives and the Committee on 
    Energy and Natural Resources of the Senate a written report 
    containing a full and complete statement concerning (A) the facility 
    involved; (B) any necessary modifications; (C) the cost thereof; and 
    (D) the impact on the authorized research and development program; 
    or
        (2) each such committee, before the expiration of such period, 
    has transmitted to the Secretary a written notice to the effect that 
    such committee has no objection to the proposed use of such 
    facility.

(Pub. L. 97-425, title II, Sec. 218, Jan. 7, 1983, 96 Stat. 2252; Pub. 
L. 103-437, Sec. 15(c)(10), Nov. 2, 1994, 108 Stat. 4592.)


                               Amendments

    1994--Subsec. (e)(1). Pub. L. 103-437 substituted ``Committee on 
Science, Space, and Technology'' for ``Committee on Science and 
Technology''.

                         Change of Name

    Committee on Science, Space, and Technology of House of 
Representatives treated as referring to Committee on Science of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 10153, 10155, 10194 of this 
title.
