LIMITATIONS ON THE RECEIPT AND STORAGE OF SPENT NUCLEAR FUEL FROM FOREIGN RESEARCH REACTORS.

SEC. 3151. LIMITATIONS ON THE RECEIPT AND STORAGE OF SPENT NUCLEAR FUEL FROM FOREIGN RESEARCH REACTORS. (a) Purpose.—It is the purpose of this section to regulate the receipt and storage of spent nuclear fuel at the Department of Energy defense nuclear facility located at the Savannah River Site, South Carolina (in this section referred to as the “Savannah River Site”). (b) Receipt in Emergency Circumstances.—When the Secretary of Energy determines that emergency circumstances make it necessary to receive spent nuclear fuel, the Secretary shall submit a notification of that determination to the Congress. The Secretary may not receive spent nuclear fuel at the Savannah River Site until the expiration of the 30-day period beginning on the date on which the Congress receives the notification. (c) Limitation on Storage in Non-emergency Circumstances.—The Secretary of Energy may not, under other than emergency circumstances, receive and store at the Savannah River Site any spent nuclear fuel in excess of the amount that (as of the date of the enactment of this Act) the Savannah River Site is capable of receiving and storing, until, with respect to the receipt and storage of any such spent nuclear fuel— (1) the completion of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); (2) the expiration of the 90-day period (as prescribed by regulation pursuant to such Act) beginning on the date of such completion; and (3) the signing by the Secretary of a record of decision following such completion. (d) Limitations on Receipt.—The Secretary of Energy may not, under emergency or non-emergency circumstances, receive spent nuclear fuel if the spent nuclear fuel— (1) cannot be transferred in an expeditious manner from its port of entry in the United States to a storage facility that is located at a Department of Energy facility and is capable of receiving and storing the spent nuclear fuel; or (2) will remain on a vessel in the port of entry for a period that exceeds the period necessary to unload the fuel from the vessel pursuant to routine unloading procedures. (e) Criteria for Port of Entry.—The Secretary of Energy shall, if economically feasible and to the maximum extent practicable, provide for the receipt of spent nuclear fuel under this 107 STAT. 1950section at a port of entry in the United States which, as determined by the Secretary and compared to each other port of entry in the United States that is capable of receiving the spent nuclear fuel— (1) has the lowest human population in the area surrounding the port of entry; (2) is closest in proximity to the facility which will store the spent nuclear fuel; and (3) has the most appropriate facilities for, and experience in, receiving spent nuclear fuel. (f) Definition.—In this section, the term “spent nuclear fuel” means nuclear fuel that— (1) was originally exported to a foreign country from the United States in the form of highly enriched uranium; and (2) was used in a research reactor by the Government of a foreign country or by a foreign-owned or foreign-controlled entity.