-CITE-

42 USC CHAPTER 104 - NUCLEAR SAFETY RESEARCH,

DEVELOPMENT, AND DEMONSTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-MISC1-

Sec.

9701. Congressional findings and declaration of policy.

9702. Definitions.

9703. Research, development, and demonstration program;

establishment; purposes; implementation.

9704. National reactor engineering simulator feasibility

study.

(a) Consultative requirements; purpose.

(b) Applicability of relevant factors.

(c) Report to Congressional committees.

9705. Federal Nuclear Operations Corps' study.

(a) Cooperation and coordination requirements;

purpose.

(b) Assessments.

(c) Report to Congress.

9706. Dissemination of information.

9707. Comprehensive program management plan.

(a) Preparation; scope; consultative requirements.

(b) Transmission to Congressional committees;

revisions.

9708. Authorization of appropriations.

-End-

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42 USC Sec. 9701 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9701. Congressional findings and declaration of policy

-STATUTE-

(a) The Congress finds that -

(1) nuclear energy is one of the two major energy sources

available for electric energy production in the United States

during the balance of the twentieth century;

(2) continued development of nuclear power is dependent upon

maintaining an extremely high level of safety in the operation of

nuclear plants, and on public recognition that these facilities

do not constitute a significant threat to human health or safety;

(3) it is the responsibility of utilities, as owners and

operators of nuclear powerplants, to assure that such plants are

designed and operated safely and reliably; and

(4) a proper role of the Federal Government in assuring nuclear

powerplant safety, in addition to its regulatory function, is the

conduct of a research, development, and demonstration program to

provide important scientific and technical information which can

contribute to sound design and safe operation of these plants.

(b) It is declared to be the policy of the United States and the

purpose of this chapter to establish a research, development, and

demonstration program for developing practical improvements in the

generic safety of nuclear powerplants during the next five years,

beginning in the fiscal year 1981. The objectives of such program

shall be -

(1) to reduce the likelihood and severity of potentially

serious nuclear powerplant accidents; and

(2) to reduce the likelihood of disrupting the population in

the vicinity of nuclear powerplants as the result of nuclear

powerplant accidents.

Nothing in this chapter shall be construed as preventing the

Secretary from undertaking projects or activities, in addition to

those specified in this chapter, which appropriately further the

purpose and objectives set forth in this subsection. Nothing in

this chapter shall authorize the Secretary to assume responsibility

for the management, cleanup or repair of any commercial nuclear

powerplant. Nothing in this chapter shall be construed as limiting

the authority of the Secretary under any other law.

-SOURCE-

(Pub. L. 96-567, Sec. 2, Dec. 22, 1980, 94 Stat. 3329.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-567 provided: "That this Act [enacting

this chapter] may be cited as the 'Nuclear Safety Research,

Development, and Demonstration Act of 1980'."

-End-

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42 USC Sec. 9702 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9702. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term "Secretary" means the Secretary of Energy;

(2) the term "Government agency" means any department, agency,

commission, or independent establishment in the executive branch

of the Federal Government, or any corporation, wholly or partly

owned by the United States, which is an instrumentality of the

United States, or any board, bureau, division, service, office,

officer, authority, administration, or other establishment in the

executive branch of the Federal Government;

(3) the term "Commission" means the Nuclear Regulatory

Commission; and

(4) the term "Advisory Committee" means the Advisory Committee

on Reactor Safeguards established by section 2039 of this title.

-SOURCE-

(Pub. L. 96-567, Sec. 3, Dec. 22, 1980, 94 Stat. 3329.)

-End-

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42 USC Sec. 9703 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9703. Research, development, and demonstration program;

establishment; purposes; implementation

-STATUTE-

(a) The Secretary shall establish a research, development, and

demonstration program to carry out the purpose of this chapter. As

part of such program, the Secretary shall at a minimum -

(1) refine further the assessment of risk factors associated

with the generic design and operation of nuclear powerplants to

determine the degree and consequences of propagation of failures

of systems, subsystems, and components, including consideration

of the interaction between the primary and secondary systems;

(2) develop potentially cost-beneficial changes in the generic

design and operation of nuclear powerplants that can (A)

significantly reduce the risks from unintentional release of

radioactive material from the various engineered barriers of

nuclear powerplants and (B) reduce the radiation exposure to

workers during plant operation and maintenance;

(3) develop potentially cost-beneficial generic methods and

designs that will significantly improve the performance of

operators of nuclear powerplants under routine, abnormal, and

accident conditions;

(4) identify the effect of total or partial automation of

generic plant systems on reactor safety, operation, reliability,

economics, and operator performance;

(5) conduct further experimental investigations under abnormal

operational and postulated accident conditions primarily for

light water reactors to determine the consequences of such

conditions. These investigations shall include, but not be

limited to, the following:

(A) fuel failure at higher than standard burn-up levels;

(B) fuel-cladding interactions;

(C) fuel and cladding interactions with coolant under various

temperatures and pressures;

(D) thermohydraulic behavior in the reactor core;

(E) mechanisms to suppress and control the generation of

hydrogen gas;

(F) improved instrumentation for monitoring reactor cores;

(G) engineered-barrier failure modes; and

(H) fission product release and transport from failed fuel;

(6) provide for the examination and analysis of any nuclear

powerplant fuel, component, or system which the Secretary deems

to offer significant benefit in safety analysis and which is made

available to the Secretary for a nominal cost, such as $1:

Provided, however, That the Secretary shall accept only the

number of samples of such fuel, component, or system necessary to

carry out such examination and analysis; and

(7) identify the aptitudes, training, and manning levels which

are necessary to assure reliable operator performance under

normal, abnormal, and emergency conditions.

(b) In carrying out the generic safety research, development, and

demonstration program established under this chapter, the Secretary

-

(1) shall coordinate with the Commission and, to the extent

necessary, enter into a new memorandum of understanding or revise

existing memoranda for the purpose of eliminating unnecessary

duplication and avoiding programmatic conflict with any reactor

safety research program of the Commission, including the Improved

Safety Systems Research program;

(2) shall, to the extent practical, coordinate his activities

with such other Government agencies, foreign governments, and

industry as he deems appropriate to utilize their expertise, to

minimize duplication of effort, and to ensure that information

useful for improved concepts applicable to nuclear powerplant

safety can be applied in a timely manner. The Secretary may enter

into agreements and memoranda of understanding to accomplish

these ends, but no such agreement shall have the effect of

delaying the development and implementation of programs

authorized under this chapter;

(3) shall utilize, to the extent feasible, underutilized

federally owned research reactors and facilities, along with the

associated personnel, to maintain existing capabilities and to

ensure that the research is generic in nature; and

(4) shall make such recommendations as are practical to

minimize the complexity of nuclear powerplant systems, including

secondary systems, and operations.

-SOURCE-

(Pub. L. 96-567, Sec. 4, Dec. 22, 1980, 94 Stat. 3330.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9707 of this title.

-End-

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42 USC Sec. 9704 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9704. National reactor engineering simulator feasibility study

-STATUTE-

(a) Consultative requirements; purpose

The Secretary, in consultation with the Commission and the

Advisory Committee, shall initiate a study of the need for and

feasibility of establishing a reactor engineering simulator

facility at a national laboratory, for the primary purpose of

fostering research in generic design improvements and

simplifications through the simulation of the performance of

various types of light water reactors under a wide variety of

abnormal conditions and postulated accident conditions.

(b) Applicability of relevant factors

In performing the study, the Secretary shall consider relevant

factors including, but not limited to -

(1) the potential advantages that would accrue from the

establishment of such a facility;

(2) the extent to which such a facility would further the

generic safety research and development program established by

this chapter;

(3) the extent to which such a facility can be established by

nongovernmental entities;

(4) the opportunities for cost sharing by nongovernmental

entities in the construction and operation of such a facility;

(5) the importance of such a facility in emergencies to limit

the extent of any future nuclear powerplant excursions;

(6) the potential for international cooperation in the

establishment and operation of such a facility; and

(7) the appropriate national laboratory for siting such a

facility.

(c) Report to Congressional committees

The Secretary shall, by January 1, 1982, submit to the Committee

on Science and Technology of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate a report

characterizing the study and the resulting conclusions and

recommendations.

-SOURCE-

(Pub. L. 96-567, Sec. 5, Dec. 22, 1980, 94 Stat. 3331.)

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. 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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-End-

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42 USC Sec. 9705 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9705. Federal Nuclear Operations Corps' study

-STATUTE-

(a) Cooperation and coordination requirements; purpose

The Secretary, in cooperation with the Nuclear Regulatory

Commission, shall initiate a study as to the sufficiency of efforts

in the United States to provide specially trained professionals to

operate the controls of nuclear powerplants and other facilities in

the back-end of the nuclear fuel cycle. In carrying out the study,

the Secretary shall coordinate his activities with the ongoing

programs of the utility industry and other Federal governmental

agencies for obtaining high standards of operator performance.

(b) Assessments

(1) In conducting the study the Secretary shall assess the

desirability and feasibility of creating a Federal Corps of such

professionals to inspect and supervise such operations.

(2) The assessment shall consider the establishment of an academy

to train Corps professionals in all aspects of nuclear technology,

nuclear operations, nuclear regulatory and related law, and health

science.

(3) The assessment shall include the appropriate organizational

approach for the establishment of a Federal Corps within the

executive branch.

(c) Report to Congress

The Secretary shall complete the study within one year after

December 22, 1980, and shall submit a report along with his

recommendations to the Congress.

-SOURCE-

(Pub. L. 96-567, Sec. 6, Dec. 22, 1980, 94 Stat. 3332.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-End-

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42 USC Sec. 9706 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9706. Dissemination of information

-STATUTE-

The Secretary shall assure that full and complete safety-related

information resulting from any project or other activity conducted

under this chapter is made available in a timely manner to

appropriate committees of Congress, Federal, State, and local

authorities, relevant segments of private industry, the scientific

community, and the public.

-SOURCE-

(Pub. L. 96-567, Sec. 7, Dec. 22, 1980, 94 Stat. 3332.)

-End-

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42 USC Sec. 9707 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9707. Comprehensive program management plan

-STATUTE-

(a) Preparation; scope; consultative requirements

The Secretary is authorized and directed to prepare a

comprehensive program management plan for the conduct of research,

development, and demonstration activities under this chapter

consistent with the provisions of section 9703 of this title. In

the preparation of such plan, the Secretary shall consult with the

Commission and the Advisory Committee and with the heads of such

other Government agencies and such public and private organizations

as he deems appropriate.

(b) Transmission to Congressional committees; revisions

The Secretary shall transmit the comprehensive program management

plan along with any comments by the Commission on the plan to the

Committee on Science and Technology of the House of Representatives

and the Committee on Energy and Natural Resources and the Committee

on Environment and Public Works of the Senate within twelve months

after December 22, 1980. Revisions to the plan shall be transmitted

to such committees whenever deemed appropriate by the Secretary.

-SOURCE-

(Pub. L. 96-567, Sec. 8, Dec. 22, 1980, 94 Stat. 3332; Pub. L.

104-66, title I, Sec. 1051(l), Dec. 21, 1995, 109 Stat. 717.)

-MISC1-

AMENDMENTS

1995 - Subsec. (c). Pub. L. 104-66 struck out subsec. (c) which

directed Secretary of Energy to transmit to Congress, concurrently

with submission of President's annual budget to Congress, detailed

description of comprehensive plan as then in effect.

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. 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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-End-

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42 USC Sec. 9708 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 104 - NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 9708. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Secretary to carry

out this chapter such sums as may be authorized by legislation

hereafter enacted.

-SOURCE-

(Pub. L. 96-567, Sec. 9, Dec. 22, 1980, 94 Stat. 3333.)

-End-