Requires the Defense Nuclear Facilities Safety Board to study and report to Congress and the Secretary on the adequacy of the K-Area Materials Storage Facility and related facilities at the Savannah River Site for the storage of defense plutonium and related materials in connection with the plutonium disposition program.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2453 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2453
To provide for the disposition of weapons-usable plutonium at the
Savannah River Site, South Carolina.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2002
Mr. Thurmond (for himself and Mr. Allard) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the disposition of weapons-usable plutonium at the
Savannah River Site, South Carolina.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) In September 2000, the United States and the Russian
Federation signed a Plutonium Management and Disposition
Agreement by which each agreed to dispose of 34 metric tons of
weapons-grade plutonium.
(2) The agreement with Russia is a significant step toward
safeguarding nuclear materials and preventing their diversion
to rogue states and terrorists.
(3) The Department of Energy plans to dispose of 34 metric
tons of weapons-grade plutonium of the United States before the
end of 2019 by converting the plutonium to a mixed-oxide fuel
to be used in commercial nuclear power reactors.
(4) The Department has formulated a plan for implementing
the agreement with Russia through construction of a mixed-oxide
fuel fabrication facility and a pit disassembly and conversion
facility at the Savannah River Site.
(5) The United States and the State of South Carolina have
a compelling interest in the safe, proper, and efficient
operation of the plutonium disposition facilities at the
Savannah River Site. The MOX facility will also be economically
beneficial to the State of South Carolina, and that economic
benefit will not be fully realized unless the MOX facility is
built.
(6) The State of South Carolina desires to ensure that all
plutonium transferred to the State of South Carolina is stored
safely; that the full benefits of the MOX facility are realized
as soon as possible; and, specifically, that all defense
plutonium or defense plutonium materials transferred to the
Savannah River Site either be processed or be removed
expeditiously.
SEC. 2. DEFINITIONS.
(a) MOX Production Objective Defined.--The term ``MOX production
objective'' means production at the MOX facility of mixed-oxide fuel
from defense plutonium and defense plutonium materials at an average
rate equivalent to not less than one metric ton of mixed-oxide fuel per
year. The average rate shall be determined by measuring production at
the MOX facility from the date the facility is declared operational to
the Nuclear Regulatory Commission through the date of assessment.
(b) MOX Facility Defined.--The term ``MOX facility'' means the
mixed-oxide fuel fabrication facility at the Savannah River Site,
Aiken, South Carolina.
(c) Defense Plutonium and Defense Plutonium Materials Defined.--The
term ``defense plutonium or defense plutonium materials'' means
weapons-usable plutonium.
SEC. 3. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER SITE,
SOUTH CAROLINA.
(a) Plan for Construction and Operation of MOX Facility.--
(1) Not later than February 1, 2003, the Secretary of
Energy shall submit to Congress a plan for the construction and
operation of the MOX facility.
(2) The plan under paragraph (1) shall include--
(A) a schedule for construction and operations so
as to achieve, as of January 1, 2009, and thereafter,
the MOX production objective, and to produce 1 metric
ton of mixed oxide fuel by December 31, 2009, and
(B) a schedule of operations of the MOX facility
designed so that 34 metric tons of defense plutonium
and defense plutonium materials at the Savannah River
Site will be processed into mixed oxide fuel by January
1, 2019.
(3)(A) Not later than February 15 each year, beginning in
2004 and continuing for as long as the MOX facility is in use,
the Secretary shall submit to Congress a report on the
implementation of the plan required by paragraph (1).
(B) Each report under subparagraph (A) for years before
2010 shall include--
(i) an assessment of compliance with the schedules
included with the plan under paragraph (2); and
(ii) a certification by the Secretary whether or
not the MOX production objective can be met by January
2009.
(C) Each report under subparagraph (A) for years after 2009
shall--
(i) address whether the MOX production objective
has been met; and
(ii) assess progress toward meeting the obligations
of the United States under the Plutonium Management and
Disposition Agreement.
(D) For years after 2017, each such report shall also
include an assessment of compliance with the MOX production
objective and, if not in compliance, the plan of the Secretary
for achieving one of the following:
(i) Compliance with such objective; and
(ii) Removal of all remaining defense plutonium and
defense plutonium materials from the State of South
Carolina.
(b) Corrective Actions.--
(1) If a report under subsection (a)(3) indicates that
construction or operation of the MOX facility is behind the
applicable schedule under subsection (a)(2) by 12 months or
more, the Secretary shall submit to Congress, not later than
August 15 of the year in which such report is submitted, a plan
for corrective actions to be implemented by the Secretary to
ensure that the MOX facility project is capable of meeting the
MOX production objective by January 1, 2009.
(2) If a plan is submitted under paragraph (1) in any year
after 2008, the plan shall include corrective actions to be
implemented by the Secretary to ensure that the MOX production
objective is met.
(3) Any plan for corrective actions under paragraph (1) or
(2) shall include establish milestones under such plan for
achieving compliance with the MOX production objective.
(4) If before January 1, 2009, the Secretary determines
that there is a substantial and material risk that the MOX
production objective will not be achieved by 2009 because of a
failure to achieve milestones set forth in the most recent
corrective action plan under this subsection, the Secretary
shall suspend further transfers of defense plutonium and
defense plutonium materials to be processed by the MOX facility
until such risk is addressed and the Secretary certifies that
the MOX production objective can be met by 2009.
(5) If after January 1, 2009, the Secretary determines that
the MOX production objective has not been achieved because of a
failure to achieve milestones set forth in the most recent
corrective action plan under this subsection, the Secretary
shall suspend further transfers of defense plutonium and
defense plutonium materials to be processed by the MOX facility
until the Secretary certifies that the MOX production objective
can be met.
(6)(A) Upon making a determination under paragraph (4) or
(5), the Secretary shall submit to Congress a report on the
options for removing from the State of South Carolina an amount
of defense plutonium or defense plutonium materials equal to
the amount of defense plutonium or defense plutonium materials
transferred to the State of South Carolina after April 15,
2002.
(B) Each report under subparagraph (A) shall include an
analysis of each option set forth in the report, including the
cost and schedule for implementation of such option, and any
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) relating to consideration or
selection of such option.
(C) Upon submittal of a report under paragraph (A), the
Secretary shall commence any analysis that may be required
under the National Environmental Policy Act of 1969 in order to
select among the options set forth in the report.
(c) Contingent Requirement for Removal of Plutonium and Materials
From Savannah River Site.--If the MOX production objective is not
achieved as of January 1, 2009, the Secretary shall, consistent with
the National Environmental Policy Act of 1969 and other applicable
laws, remove from the State of South Carolina, for storage or disposal
elsewhere--
(1) not later than January 1, 2011, not less than 1 metric
ton of defense plutonium or defense plutonium materials; and
(2) not later than January 1, 2017, an amount of defense
plutonium or defense plutonium materials equal to the amount of
defense plutonium or defense plutonium materials transferred to
the Savannah River Site between April 15, 2002 and January 1,
2017, but not processed by the MOX facility.
(d) Economic and Impact Assistance.--
(1) If the MOX production objective is not achieved as of
January 1, 2011, the Secretary shall pay to the State of South
Carolina each year beginning on or after that date through 2016
for economic and impact assistance an amount equal to
$1,000,000 per day until the later of--
(A) the passage of 100 days in such year;
(B) the MOX production objective is achieved in
such year; or
(C) the Secretary has removed from the State of
South Carolina in such year at least 1 metric ton of
defense plutonium or defense plutonium materials.
(2)(A) If the MOX production objective is not achieved as
of January 1, 2017, the Secretary shall pay to the State of
South Carolina each year beginning on or after that date
through 2024 for economic and impact assistance an amount equal
to $1,000,000 per day until the later of--
(i) the passage of 100 days in such year;
(ii) the MOX production objective is achieved in
such year; or
(iii) the Secretary has removed from the State of
South Carolina an amount of defense plutonium or
defense plutonium materials equal to the amount of
defense plutonium or defense plutonium materials
transferred to the Savannah River Site between April
15, 2002, and January 1, 2017, but not processed by the
MOX facility.
(B) Nothing in this paragraph may be construed to
terminate, supersede, or otherwise affect any other
requirements of this section.
(3) The Secretary shall make payments, if any, under this
subsection, from amounts authorized to be appropriated to the
Department of Energy.
(4) If the State of South Carolina obtains an injunction
that prohibits the Department from taking any action necessary
for the Department to meet any deadline specified by this
subsection, that deadline shall be extended for a period of
time equal to the period of time during which the injunction is
in effect.
(e) Failure To Complete Planned Disposition Program.--If on July 1
each year beginning in 2020 and continuing for as long as the MOX
facility is in use, less than 34 metric tons of defense plutonium or
defense plutonium materials have been processed by the MOX facility,
the Secretary shall submit to Congress a plan for--
(1) completing the processing of 34 metric tons of defense
plutonium and defense plutonium material by the MOX facility;
or
(2) removing from the State of South Carolina an amount of
defense plutonium or defense plutonium materials equal to the
amount of defense plutonium or defense plutonium materials
transferred to the Savannah River Site after April 15, 2002,
but not processed by the MOX facility.
(f) Removal of Mixed Oxide Fuel Upon Completion of Operations of
MOX Facility.--If one year after the date on which operation of the MOX
facility permanently ceases any mixed oxide fuel remains at the
Savannah River Site, the Secretary shall submit to Congress--
(1) a report on when such fuel will be transferred for use
in commercial nuclear reactors; or
(2) a plan for removing such fuel from the State of South
Carolina.
SEC. 4. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND PLUTONIUM
MATERIALS.
(a) The Defense Nuclear Facilities Safety Board shall conduct a
study of the adequacy of K-Area Materials Storage facility (KAMS), and
related support facilities such as Building 235-F, at the Savannah
River Site for the storage of defense plutonium and defense plutonium
materials in connection with the disposition program provided in this
section and in connection with the amended Record of Decision of the
Department for fissile materials disposition.
(b) Not later than one year after the date of the enactment of this
Act, the Defense Nuclear Facilities Safety Board shall submit to
Congress and the Secretary a report on the study conducted under
paragraph (1).
(c) The report under paragraph (2) shall--
(1) address--
(A) the suitability of KAMS, and related support
facilities, for monitoring and observing any defense
plutonium or defense plutonium materials stored in
KAMS;
(B) the adequacy of the provisions made by the
Department for remote monitoring of such defense
plutonium and defense plutonium materials by way of
sensors and for handling of retrieval of such defense
plutonium and defense plutonium materials; and
(C) the adequacy of KAMS should such defense
plutonium and defense plutonium materials continue to
be stored at KAMS after 2019; and
(2) include such recommendations as the Defense Nuclear
Facilities Safety Board considers appropriate to enhance the
safety, reliability, and functionality of KAMS.
(d) Not later than six months after the date on which the report
under paragraph (2) is submitted to Congress, and every year
thereafter, the Secretary and the Board shall each submit to Congress a
report on the actions taken by the Secretary in response to the
recommendations, if any, included in the report.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3880-3881)
Read twice and referred to the Committee on Energy and Natural Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line