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American Nuclear Infrastructure Act Makes a 2021 Comeback | Hogan Lovells


Last week, a bipartisan group of U.S. Senators re-introduced the American Nuclear Infrastructure Act (ANIA), which is aimed at improving the nation’s nuclear infrastructure and supply chain, growing the economy, creating jobs, reducing carbon emissions, and strengthening U.S. energy and national security. The bill was re-introduced by U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, along with Senators Sheldon Whitehouse (D-R.I.), John Barrasso (R-Wyo.), Cory Booker (D-N.J.), and Mike Crapo (R-Idaho).

As discussed in a previous blog post, ANIA was introduced in a similar form in mid-November 2020. Prior to that, the Senate EPW Committee held a hearing on the discussion draft of ANIA in August 2020, where blog author Amy Roma testified.

The premise and structure of the 2021 draft ANIA is mostly the same as the version that was introduced in 2020. ANIA’s provisions can be broken down into four general bins: 1) international provisions to support U.S. competitiveness and global leadership, 2) supporting domestic advanced reactor efforts, 3) supporting the existing fleet, 4) revitalizing the nuclear supply chain infrastructure and workforce, and 5) nuclear cleanup and waste management. A section by section analysis of ANIA is available here.

That being said, there are changes between the bills. Notably, while Sec. 401 and 402 of the earlier 2020 ANIA contained provisions on high-assay, low enriched uranium (HALEU) nuclear fuel licensing and establishment of a strategic uranium reserve, the 2021 version of ANIA does not mention HALEU or a uranium reserve. With respect to HALEU, at least, the provision may have been removed because HALEU was covered in the Energy Act of 2020, which was passed in late-December (and which we blogged about here). There are additional subtle changes as well between the two versions of ANIA (such as to the foreign ownership provision and countries listed within).

Some of the key provisions of ANIA include the following—

  • Reestablishing American global competitiveness.
    • Authorizes the Nuclear Regulatory Commission (NRC) to coordinate efforts involving international regulatory cooperation and assistance relating to reactors; technical standards to establish the licensing and regulatory basis to support design, construction, and operation of nuclear systems; and efforts to establish competent nuclear regulators and licensing frameworks in countries looking at developing nuclear power. (Sec. 101)
    • Significantly restricts the ability of the NRC to issue an import license for Russian and Chinese made nuclear fuel. (Sec. 102)
  • Supporting domestic advanced reactor efforts.
    • Creates a prize to cover NRC licensing fees related to the first operating permit for an advanced nuclear reactor, and authorizes the Secretary of Energy to make additional awards for the first advanced reactors that: (1) use isotopes derived from spent nuclear fuel as fuel for the reactor; or (2) operate flexibly to generate electricity or high temperature process heat for nonelectric applications. (Sec. 201)
    • Directs the NRC to submit a report to Congress identifying unique licensing issues or requirements related to the: (1) flexible operation of nuclear reactors; (2) use of nuclear reactors for nonelectric applications (e.g., hydrogen production, water desalination, wastewater treatment, heat for industrial processes, medical isotope productions, etc.); and (3) colocation of nuclear reactors with industrial plants or other facilities. (Sec. 202)
    • Excludes funding to support pre-application proceedings or reviews of early site permits associated with advanced nuclear reactor demonstrations on Department of Energy (DOE) sites from the Commission’s fee recovery requirements. (Sec. 203)
  • Supporting the existing fleet.
    • Authorizes a targeted credit program to preserve nuclear plants at risk of prematurely shutting down. (Sec. 301)
    • Updates the Atomic Energy Act’s “foreign ownership, control, or domination” restriction for NRC reactor licenses to permit investment by entities from Canada, France, Germany, Italy, Japan, United Kingdom, or the Republic of Korea. (Sec. 303) (this also supports advanced reactor investment, as discussed in a prior ANIA White Paper)
  • Revitalizing the supply chain and workforce.
    • Directs the NRC to report to Congress on advanced methods of manufacturing and construction for nuclear energy applications, specifically on licensing and safety issues for innovative nuclear energy applications related to manufacturing and construction. (Sec. 401)
    • Establishes a new traineeship subprogram under the University Nuclear Leadership Program to provide focused training to meet critical mission needs of the NRC, and nuclear workforce needs relating to nuclear safety and tradecraft. (Sec. 402)
  • Miscellaneous (with a focus on nuclear cleanup and waste management).
    • Directs the Secretary of Energy to submit a report to Congress on payments and other activities under the DOE Standard Contract. (Sec. 501)
    • Authorizes the Administrator of the EPA to conduct removal actions under Superfund at abandoned mine land on American Indian Tribal land, and perform other work related to Tribal land. (Sec. 502)
    • Authorizes the Secretary of Commerce to establish a grant program and other activities to support economic development where a nuclear power plant has ceased or will cease operations as of the date of the statute’s enactment. (Sec. 503)

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Read More: American Nuclear Infrastructure Act Makes a 2021 Comeback | Hogan Lovells

2021-07-21 12:43:31

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