,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ijae ,,in ,,the ,,house ,,of ,,representatives ,december #ag1 #bjbj,mr4 ,kinzinger 7for himself and ,mr4 ,michael ,f4 ,doyle of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,transportation and ,infrastructure1 and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to direct the ,administrator of the ,environmental ,protection ,agency to establish an emissions avoidance program for certain nuclear reactors1 and for other purposes4 #a4 ,short title2 definitions 7a7 ,short title ,this ,act may be cited as the ,preserving ,existing ,nuclear ,energy ,generation ,act4 7b7 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#c7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #b4 ,nuclear reactor incentives 7a7 ,definitions ,in this section3 7#a7 ,certified nuclear reactor ,the term certified nuclear reactor means a nuclear reactor that-- 7,a7 operates in a competitive electricity market2 and 7,b7 is certified under subsection 7c77#b77;,a77i7 to submit a sealed bid in accordance with subsection 7d74 7#b7 ,credit ,the term credit means a credit allocated to a certified nuclear reactor under subsection 7e77#b74 7b7 ,establishment of program ,subject to the availability of appropriations1 the ,administrator1 in consultation with the ,secretary1 shall establish an emissions avoidance program-- 7#a7 to evaluate nuclear reactors that are projected to cease operations due to economic factors2 and 7#b7 to allocate credits to certified nuclear reactors that are selected under paragraph 7#a77;,b7 of subsection 7e7 to receive credits under paragraph 7#b7 of that subsection4 7c7 ,certification 7#a7 ,application 7,a7 ,in general ,in order to be certified under paragraph 7#b77;,a77i71 the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator determines to be appropriate1 including-- 7i7 information on the operating costs necessary to make the determination described in paragraph 7#b77;,a77ii77,,ii71 including-- 7,i7 the average annual operating loss per megawatt-hour expected to be incurred by the nuclear reactor over the #d-year period for which credits would be allocated2 7,,ii7 any private or publicly available data with respect to current or projected bulk power market prices2 7,,iii7 out-of-market revenue streams2 7,,iv7 operations and maintenance costs2 7,v7 capital costs1 including fuel2 and 7,,vi7 operational and market risks2 7ii7 an estimate of the potential incremental emissions of carbon dioxide1 nitrogen oxides1 sulfur oxides1 particulate matter1 and hazardous air pollutants that would result if the nuclear reactor were to cease operations2 7iii7 information on the source of recovered uranium and the location where the uranium is converted1 enriched1 and fabricated into fuel assemblies for the nuclear reactor for the #d-year period for which credits would be allocated2 and 7iv7 a detailed plan to sustain operations at the conclusion of the applicable #d-year period for which credits would be allocated-- 7,i7 without receiving additional credits2 or 7,,ii7 with the receipt of additional credits of a lower amount than the credits allocated during that #d-year credit period4 7,b7 ,timeline ,the ,administrator shall accept applications described in subparagraph 7,a7-- 7i7 until the date that is #abj days after the date of enactment of this ,act2 and 7ii7 not less frequently than every year thereafter4 7#b7 ,determination to certify 7,a7 ,determination 7i7 ,in general ,not later than #fj days after the applicable date under subparagraph 7,b7 of paragraph 7#a71 the ,administrator1 in consultation with the ,secretary1 shall determine whether to certify1 in accordance with clauses 7ii7 and 7iii7 of this subparagraph1 each nuclear reactor for which an application is submitted under subparagraph 7,a7 of paragraph 7#a74 7ii7 ,minimum requirements ,to the maximum extent practicable1 the ,administrator1 in consultation with the ,secretary1 shall only certify a nuclear reactor under clause 7i7 if-- 7,i7 the nuclear reactor has a good safety record1 as determined by the ,action ,matrix of the ,commission or the ,performance ,indicators of the ,reactor ,oversight ,process1 such that the nuclear reactor falls under the licensee response column indicating no current significant safety issues2 7,,ii7 after considering the information submitted under paragraph 7#a77;,a77i71 the ,administrator determines that the nuclear reactor is projected to cease operations due to economic factors2 and 7,,iii7 after considering the estimate submitted under paragraph 7#a77;,a77ii71 the ,administrator determines that emissions of carbon dioxide1 nitrogen oxides1 sulfur oxides1 particulate matter1 and hazardous air pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation4 7iii7 ,priority ,in determining whether to certify a nuclear reactor under clause 7i71 the ,administrator1 in consultation with the ,secretary1 shall give priority to a nuclear reactor that uses uranium that is recovered1 converted1 enriched1 and fabricated into fuel assemblies in the ,united ,states4 7,b7 ,notice ,for each application received under paragraph 7#a77;,a71 the ,administrator1 in consultation with the ,secretary1 shall provide to the applicable owner or operator1 as applicable-- 7i7 a notice of the certification of the applicable nuclear reactor2 or 7ii7 a notice that describes the reasons why the certification of the applicable nuclear reactor was denied4 7d7 ,bidding process 7#a7 ,in general ,subject to paragraph 7#b71 the ,administrator shall establish a deadline by which each certified nuclear reactor shall submit to the ,administrator a sealed bid that-- 7,a7 describes the price per megawatt-hour required to maintain operations of the certified nuclear reactor during the #d-year period for which the certified nuclear reactor would receive credits2 and 7,b7 includes a commitment1 subject to the receipt of credits1 to provide a specific number of megawatt-hours of generation during the #d-year period for which credits would be allocated4 7#b7 ,requirement ,the deadline established under paragraph 7#a7 shall be not later than #cj days after the first date on which the ,administrator has made the determination described in paragraph 7#b77;,a77i7 of subsection 7c7 with respect to each application submitted under paragraph 7#a77;,a7 of that subsection4 7e7 ,allocation 7#a7 ,auction ,the ,administrator1 in consultation with the ,secretary1 shall-- 7,a7 in consultation with the heads of applicable ,federal agencies1 establish a process for evaluating bids submitted under subsection 7d77#a7 through an auction process2 and 7,b7 select certified nuclear reactors to be allocated credits4 7#b7 ,credits ,subject to subsection 7f77#b71 on selection under paragraph 7#a71 a certified nuclear reactor shall be allocated credits for a #d-year period beginning on the date of the selection4 7#c7 ,requirement ,to the maximum extent practicable1 the ,administrator shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible4 7f7 ,renewal 7#a7 ,in general ,the owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section4 7#b7 ,limitation ,notwithstanding any other provision of this section1 the ,administrator may not allocate any credits after ,september #cj1 #bjbf4 7g7 ,additional requirements 7#a7 ,audit ,during the #d-year period beginning on the date on which a certified nuclear reactor first receives a credit1 the ,administrator1 in consultation with the ,secretary1 shall periodically audit the certified nuclear reactor4 7#b7 ,recapture ,the ,administrator shall1 by regulation1 provide for the recapture of the allocation of any credit to a certified nuclear reactor that1 during the period described in paragraph 7#a7-- 7,a7 terminates operations2 or 7,b7 does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor4 7#c7 ,confidentiality ,the ,administrator1 in consultation with the ,secretary1 shall establish procedures to ensure that any confidential1 private1 proprietary1 or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used4 7h7 ,report ,not later than ,january #a1 #bjbd1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report with respect to the credits allocated to certified nuclear reactors1 which shall include-- 7#a7 an evaluation of the effectiveness of the credits in avoiding emissions of carbon dioxide1 nitrogen oxides1 sulfur oxides1 particulate matter1 and hazardous air pollutants while ensuring grid reliability2 7#b7 a quantification of the ratepayer savings achieved under this section2 and 7#c7 any recommendations to renew or expand the credits4 #c4 ,nuclear closure communities 7a7 ,definitions ,in this section3 7#a7 ,community advisory board ,the term community advisory board means a community committee or other advisory organization that aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect4 7#b7 ,decommission ,the term decommission has the meaning given the term in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#c7 ,eligible recipient ,the term eligible recipient has the meaning given the term in section #c of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cabb74 7#d7 ,licensee ,the term licensee has the meaning given the term in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,nuclear closure community ,the term nuclear closure community means a unit of local government1 including a county1 city1 town1 village1 school district1 or special district that has been impacted1 or reasonably demonstrates to the satisfaction of the ,secretary of ,commerce1 that it will be impacted1 by a nuclear power plant licensed by the ,commission that has ceased operation or has provided a written notification to the ,commission that it will cease operations as of the date of enactment of this ,act4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,commerce shall establish a grant program to provide grants to eligible recipients-- 7#a7 to provide financial assistance to local governments who have experienced1 or are anticipating1 major revenue shortfalls due to the closure1 or announced closure1 of a nuclear power plant2 7#b7 to assist with economic development in nuclear closure communities2 and 7#c7 to fund community advisory boards in nuclear closure communities4 7c7 ,requirement ,in carrying out this section1 to the maximum extent practicable1 the ,secretary of ,commerce shall implement the recommendations described in the report submitted to ,congress under section #ajh of the ,nuclear ,energy ,innovation and ,modernization ,act 7,public ,law #aae-dci2 #acb ,stat4 #eegg7 entitled ,best ,practices for ,establishment and ,operation of ,local ,community ,advisory ,boards ,associated with ,decommissioning ,activities at ,nuclear ,power ,plants4 7d7 ,distribution of funds ,the ,secretary of ,commerce shall establish a formula to ensure1 to the maximum extent practicable1 geographic diversity among grant recipients under this section4 7e7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary of ,commerce-- 7,a7 to carry out subsection 7b77#a71 #cj1jjj1jjj for each of fiscal years #bjba through #bjbf2 7,b7 to carry out subsection 7b77#b71 #cj1jjj1jjj for each of fiscal years #bjba through #bjbf2 and 7,c7 to carry out subsection 7b77#c71 #e1jjj1jjj for each of fiscal years #bjba through #bjbc4 7#b7 ,availability ,amounts made available under this section shall remain available for a period of #e years beginning on the date on which the amounts are made available4 7#c7 ,no offset ,none of the funds made available under this section may be used to offset the funding for any other ,federal program4 #d4 ,report on lessons learned during the ,,covid-#ai public health emergency 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall submit to the appropriate committees of ,congress and make publicly available a report on actions taken by the ,commission during the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 an identification of the processes1 procedures1 and other regulatory policies that were revised or temporarily suspended during the public health emergency described in subsection 7a72 7#b7 a review of actions1 if any1 taken by the ,commission that examines how any revision or temporary suspension of a process1 procedure1 or other regulatory policy identified under paragraph 7#a7 may or may not have compromised the ability of the ,commission to license and regulate the civilian use of radioactive materials in the ,united ,states to protect public health and safety1 promote the common defense and security1 and protect the environment2 7#c7 a description of any process efficiencies or challenges that resulted from the matters identified under paragraph 7#a72 7#d7 a discussion of lessons learned from the matters described in paragraphs 7#a71 7#b71 and 7#c72 7#e7 a list of actions that the ,commission may take to incorporate into the licensing activities and regulations of the ,commission1 without compromising the mission of the ,commission-- 7,a7 the lessons described in paragraph 7#d72 and 7,b7 the information provided under paragraphs 7#b7 and 7#c72 and 7#f7 a description of when the actions described in paragraph 7#e7 may be implemented4