,i #aafth ,,congress #ast ,session ,h4 ,r4 #cacf ,,in ,,the ,,house ,,of ,,representatives ,june #e1 #bjai,ms4 ,matsui introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to direct the ,secretary of ,energy to establish a program for the interim storage of high-level radioactive waste and spent nuclear fuel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,storage and ,transportation ,of ,residual and ,excess ,nuclear ,fuel ,act of #bjai1 or the ,,store ,nuclear ,fuel ,act of #bjai4 #b4 ,interim storage 7a7 ,in general ,title ,i of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaba et seq47 is amended by adding at the end the following3 ,i ,interim ,storage #aij4 ,definitions ,in this subtitle3 7#a7 ,contract holder ,the term contract holder means any person who-- 7,a7 generates or holds title to spent nuclear fuel and high-level radioactive waste generated at a civilian nuclear power reactor2 and 7,b7 has entered into a contract for the disposal of spent nuclear fuel and high-level radioactive waste under section #cjb7;a74 7#b7 ,emergency delivery 7,a7 ,in general ,the term emergency delivery means spent nuclear fuel and high-level radioactive waste accepted by the ,secretary for storage prior to the date provided in the contractual delivery commitment schedule of the standard contract for disposal of spent nuclear fuel and radioactive waste pursuant to section #cjb7;a74 7,b7 ,inclusion ,the term emergency delivery may include1 at the discretion of the ,secretary1 spent nuclear fuel and high-level radioactive waste generated by an atomic energy defense activity that is required to be removed from a ,department of ,energy facility-- 7i7 pursuant to a compliance agreement2 or 7ii7 to eliminate an imminent and serious threat to the health and safety of the public or the common defense and security4 7#c7 ,priority waste ,the term priority waste means-- 7,a7 any emergency delivery2 and 7,b7 spent nuclear fuel or high-level radioactive waste from a civilian nuclear power reactor that has been permanently shut down4 7#d7 ,storage facility ,the term storage facility means a facility for the consolidated storage of spent nuclear fuel and high-level radioactive waste from multiple contract holders or the ,secretary pending the disposal of the spent nuclear fuel and high-level radioactive waste in a repository4 #aia4 ,program for storage facilities 7a7 ,establishment of program ,the ,secretary shall establish a program under which the ,secretary may-- 7#a7 site1 construct1 and operate one or more storage facilities licensed by the ,commission under the ,atomic ,energy ,act of #aied2 and 7#b7 store1 pursuant to a storage contract1 high-level radioactive waste or spent nuclear fuel at a storage facility for which a non-,federal entity holds a license issued by the ,commission under such ,act4 7b7 ,interim storage agreements authorized 7#a7 ,in general ,the ,secretary may enter into an agreement with any contract holder for acceptance of title pursuant to section #cjb7;a71 subsequent transportation1 and interim storage of high-level radioactive waste or spent nuclear fuel 7including to expedite such acceptance of title1 transportation1 and storage of such waste or spent fuel from facilities that have ceased commercial operation7 at a storage facility under this section4 7#b7 ,priority waste ,in entering into agreements under paragraph 7#a71 the ,secretary shall prioritize acceptance of priority waste4 7c7 ,priority 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall prioritize storage authorized under subsection 7a77#b74 7#b7 ,exception 7,a7 ,determination ,paragraph 7#a7 shall not apply if the ,secretary determines that it will be faster and less expensive to site1 construct1 and operate a facility authorized under subsection 7a77#a71 in comparison with a facility authorized under subsection 7a77#b74 7,b7 ,notification ,not later than #cj days after the ,secretary makes a determination described in subparagraph 7,a71 the ,secretary shall submit to ,congress written notification of such determination4 7d7 ,request for proposals 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subtitle1 the ,secretary shall issue a request for proposals for storage authorized under subsection 7a77#b7-- 7,a7 to obtain any license from the ,commission and any other ,federal or ,state entity that is necessary for the construction of one or more storage facilities2 7,b7 to safely transport spent nuclear fuel and high-level radioactive waste1 as applicable1 to such storage facilities2 and 7,c7 to safely store spent nuclear fuel and high-level radioactive waste1 as applicable1 at such storage facilities1 pending the construction and operation of a repository4 7#b7 ,guidelines 7,a7 ,in general ,the request for proposals under paragraph 7#a7 shall include general guidelines for storage facilities consistent with each requirement of section #aab7;a7 that the ,secretary determines to be applicable to storage under this section4 7,b7 ,revisions ,the ,secretary may revise the general guidelines as necessary1 consistent with this section4 7e7 ,review of proposals ,the ,secretary shall review each proposal submitted pursuant to subsection 7d7 to evaluate-- 7#a7 the extent to which the applicable ,states1 affected units of local government1 and affected ,indian tribes support the proposal2 7#b7 the likelihood that the proposed site for the storage facility is suitable for site evaluation under the guidelines included under subsection 7d77#b72 7#c7 a reasonable comparative evaluation of the proposed site and other proposed sites2 7#d7 the extent to which spent nuclear fuel and high-level radioactive waste are1 or are planned to be1 stored or disposed of within the ,state2 7#e7 the extent to which the proposal would-- 7,a7 enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste1 including co-location with a proposed repository2 and 7,b7 minimize the effects on the public of transportation and handling of spent nuclear fuel and high-level radioactive waste2 7#f7 potential conflicts with-- 7,a7 any compliance agreement requiring removal of spent nuclear fuel and high-level radioactive waste from a site2 or 7,b7 a statutory prohibition on the storage or disposal of spent nuclear fuel and high-level radioactive waste at a site2 and 7#g7 any other criteria1 including criteria relating to technical or safety specifications1 that the ,secretary determines to be appropriate4 7f7 ,site selection 7#a7 ,determination of suitability ,after conducting a review under subsection 7e7 and any additional site investigation that the ,secretary determines to be appropriate1 the ,secretary shall determine whether a site is suitable for site evaluation under the guidelines included under subsection 7d77#b74 7#b7 ,selection of site for evaluation ,from the sites determined to be suitable for site evaluation under paragraph 7#a71 the ,secretary shall select at least #a site for site evaluation1 giving priority to sites that have been proposed to be co-located with a repository1 after-- 7,a7 holding a public hearing in the vicinity of each site2 and 7,b7 notifying ,congress4 7#c7 ,cooperative agreement ,on selection of a site for evaluation under paragraph 7#b71 the ,secretary may enter into a cooperative agreement with the ,state1 affected units of local government1 and affected ,indian tribes1 as applicable1 that includes-- 7,a7 terms of financial and technical assistance to enable each applicable unit of government to monitor1 review1 evaluate1 comment on1 obtain information on1 make recommendations on1 and mitigate any effects from1 site evaluation activities2 and 7,b7 any other term that the ,secretary determines to be appropriate4 7#d7 ,consent-based approval 7,a7 ,in general ,if the ,secretary determines1 based on site evaluation under this subsection1 that a site is suitable for developing a storage facility1 the ,secretary may select the site for developing such a facility if the ,secretary enters into a consent agreement with-- 7i7 the ,state in which the site is proposed to be located2 7ii7 each affected unit of local government2 and 7iii7 any affected ,indian tribe4 7,b7 ,binding effect ,a consent agreement entered into under subparagraph 7,a7-- 7i7 shall be binding on the parties2 and 7ii7 shall not be amended or revoked except by mutual agreement of the parties4 4 7b7 ,conforming amendment ,the table of contents for the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja note7 is amended by adding after the item relating to section #ahj the following3 ,,subtitle ,i--,,interim ,,storage ,sec4 #aij4 ,definitions4 ,sec4 #aia4 ,program for storage facilities4 4 #c4 ,limitation on collection of fees ,section #cjb7;a77#d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77#d77 is amended-- 7#a7 in the first sentence1 by striking 7#d7 ,not later than and inserting the following3 7#d7 ,collection and payment of fees 7,a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7,b7 ,limitation on collection ,the ,secretary may not collect a fee established under paragraph 7#b71 including a fee established under paragraph 7#b7 and adjusted pursuant to subparagraph 7,a71 until the date on which the ,commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository under section #aad7;d74 4 #d4 ,funding ,section #cjb7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;d77 is amended-- 7#a7 in paragraph 7#e71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting a semicolon2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 carrying out subtitle ,i of title ,i1 other than consent agreements under section #aia7;f77#d71 except that the ,secretary may not expend for such purpose in a fiscal year amounts totaling more than #be percent of the interest generated by the ,fund in such fiscal year2 and 7#h7 consent agreements under section #aia7;f77#d74 4