119 1 (2) For purposes of this Act, nothing in this section 2 shall be construed to prohibit the Commission from promul3 gating requirements and criteria under paragraph (1) before 4 the Administrator promulgates standards under subsection 5 (a). If the Administrator promulgates standards under sub6 section (a) after requirements and criteria are promulgated 7 by the Commission under paragraph (1), such requirements 8 and criteria shall be revised by the Commission if necessary 9 to comply with paragraph (1)(B). 10 (c) ENVIRONMENTAL IMPACT STATEMENT.-The pro11 mulgation of standards or criteria in accordance with the pro12 visions of this section shall not be considered a major Federal 13 action under section 102(2)(C) of the National Environmen14 tal Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or be consid15 ered to require the preparation of any environmental impact 16 statement under subparagraph (E) or (F) of section 102(2) of 17 such Act. 18 19 DISPOSAL OF SPENT NUCLEAR FUEL SEC. 122. Notwithstanding any other provision of this 20 subtitle, any repository constructed on a site approved under 21 this subtitle shall be designed and constructed to permit the 22 retrieval of any spent nuclear fuel placed in such repository, 23 during an appropriate period of operation of the facility, for 24 any reason pertaining to the public health or safety, or the 25 environment, or for the purpose of permitting the recovery of 120 1 the economically valuable contents of such spent fuel. The 2 Secretary shall specify the appropriate period of retrievabi3 lity with respect to any repository at the time of design of 4 such repository, and such aspect of such repository shall be 5 subject to approval or disapproval by the Commission as part 6 of the construction authorization process under subsection (b) 7 through subsection (d) of section 114. 8 9 ACCOUNTING OF EXPENDITURES SEC. 123. The Secretary shall maintain adequate rec10 ords of all expenditures made under this subtitle, which, to11 gether with expenditures made by the United States under 12 other laws in connection with the management and disposal 13 of high-level radioactive waste and spent nuclear fuel, shall 14 provide the basis for any fees to be assessed as described 15 under section 124. 16 17 NUCLEAR WASTE TRUST FUND SEC. 124. (a) CONTRACTS.-(1) In the performance of 18 his functions under this Act, the Secretary is authorized to 19 enter into contracts with any person who generates or holds 20 title to high-level radioactive waste or spent nuclear fuel for 21 the disposal of such waste or spent fuel. Such contracts shall 22 provide for payment to the Secretary of a fee sufficient to 23 offset expenditures described in subsection (d). 24 (2) The Secretary shall undertake a study and, not later 25 than 180 days after the date of the enactment of this Act, 121 1 submit to the Congress a report, establishing payment 2 charges per unit of spent nuclear fuel or high-level radioac3 tive waste, determined pursuant to paragraph (3), which 4 shall be calculated on an annual basis, commencing July 30, 5 1983. Such payment charges and the calculation thereof 6 shall be published in the Federal Register, and shall become 7 effective not less than 30 days after publication. Each pay8 ment charge published in the Federal Register under this 9 paragraph shall remain effective for a period of 12 months 10 from the effective date as the charge for the costs of disposal 11 or deposit of any spent nuclear fuel or high-level radioactive 12 waste. The report of the Secretary shall specify the method 13 and manner of collection (including the rates and manner of 14 payment), an estimate of the total payments necessary to 15 cover the full amount of such costs, and any legislative rec16 ommendations determined by the Secretary to be appropriate. (3) The Secretary shall require each person entering 18 into a contract for disposal under this section to make pay19 ments at such levels as will ensure that such person will be 20 required to pay a ratable portion of the costs of radioactive 21 waste disposal activities under this subtitle, including the ac22 tivities described in paragraphs (1) through (5) of subsection 23 (d). The Secretary shall also require any other person desir24 ing to dispose of high-level radioactive waste or spent nuclear 25 fuel in a repository developed under this Act to pay a ratable 17 122 1 portion of such costs. Payment schedules for such ratable por 2 tions shall be determined as follows: (A) with respect to fuel assemblies placed into reactors after July 30, 1983, the Secretary shall establish a fee schedule requiring full predisposal payment to be made in equitable installments over the time that such fuel assembly is in the reactor core; (B) with respect to fuel assemblies placed into reactors before July 30, 1983, the Secretary shall establish an equitable schedule of payments to be made over a 10-year period commencing July 30, 1983; (C) with respect to high-level radioactive waste, the Secretary shall establish an equitable fee schedule requiring payments to be made over a 10-year period commencing at the time the generator or owner of such waste has entered into a contract with the Secretary under this section; and (D) with respect to high-level radioactive waste or spent nuclear fuel described in subsection (b)(2), or any other high-level radioactive waste or spent nuclear fuel to be disposed of in a repository for which no contracts are entered into under this section, the Secretary shall establish a fee schedule providing for full pay ment of the appropriate ratable portion prior to dispos al of such waste or spent fuel. 123 1 (4) Contracts entered into under this section shall pro 2 vide that 3 4 5 6 7 8 9 10 11 12 13 (A) following commencement of operation of a repository, the Secretary shall take title to the high-level radioactive waste or spent nuclear fuel involved as ex peditiously as practicable upon the request of the generator or owner of such waste or spent fuel; and (B) in return for the payment of fees established by this section, the Secretary, beginning not later than January 1998, will dispose of the high-level radioactive waste or civilian spent nuclear fuel involved as provided in this subtitle. (5) The Secretary shall establish in writing criteria set14 ting forth the terms and conditions under which such disposal 15 services shall be made available. 16 (6) The Secretary shall commence collection of fees 17 under contracts entered into under this section as soon as is 18 practicable. 19 (b) ADVANCE CONTRACTING REQUIREMENT.-(1)(A) 20 The Commission shall not issue or renew a license to any 21 person to use a utilization or production facility under the 22 authority of section 53, 103, or 104 of the Atomic Energy 23 Act of 1954 (42 U.S.C. 2071, 2133, 2134) unless 24 25 (i) such person has entered into a contract with the Secretary under this section; or |