A Closer Look at the Senate Appropriations Committee's FY12 Energy-Water Bill
Published: Fri, 09/09/11
Defense Environmental Cleanup
FY11 Enacted: $5 billion
FY12 President's Request: $5.4 billion FY12 House Bill: $4.9 billion FY12 Senate Report: $5.002 billion Report Language
Reprogramming Control Levels--In fiscal year 2012, the Environmental Management program may transfer funding between operating expense funded projects within the controls listed below using guidance contained in the Department's budget execution manual (DOE M 135.1-1A, chapter IV). All capital construction line item projects remain separate controls from the operating projects. The Committees on Appropriations in the House and Senate must be formally notified in advance of all reprogrammings, except internal reprogrammings, and the Department is to take no financial action in anticipation of congressional response. The Committee recommends the following reprogramming control points for fiscal year 2012:
--Closure Sites; --Hanford Site; --Idaho National Laboratory; --NNSA Sites; --Oak Ridge Reservation; --Office of River Protection; --Savannah River Site; --Waste Isolation Pilot Plant; --Program Direction; --Program Support; --Technology Development and Deployment; --Safeguards and Security; and --All Capital Construction Line Items, regardless of site. Internal Reprogramming Authority--The new reprogramming control points above obviates, in most cases, the need for internal reprogramming authority. However, at the few sites to which the internal reprogramming statute still applies, Environmental Management site managers may transfer up to $5,000,000, one time, between accounts listed above to reduce health and safety risks, gain cost savings, or complete projects, as long as a program or project is not increased or decreased by more than $5,000,000 in total during the fiscal year.
The reprogramming authority--either formal or internal--may not be used to initiate new programs or to change funding levels for programs specifically denied, limited, or increased by Congress in the act or report. The Committee on Appropriations in the House and Senate must be notified within 30 days after the use of the internal reprogramming authority.
Closure Sites--The Committee recommends $5,375,000 for Closure Sites activities.
Hanford Site--The Committee recommends $953,252,000 for Richland Operations. The Committee is aware that the B Reactor has been identified as a National Historic Landmark and the Department of Energy has stated that the intent is preserving the reactor for public access. To ensure this intent is accomplished, the Committee believes that it is appropriate to use cleanup dollars for the maintenance and public safety efforts at the B Reactor. Funding for the Hazardous Materials Management and Emergency Response [HAMMER] facilities are provided for within available funds. NNSA Sites--The Committee recommends $253,767,000 for NNSA sites.
Oak Ridge Reservation--The Committee recommends $202,509,000 for Oak Ridge Reservation. The amount provided includes $40,000,000 to downblend U-233 in Building 3019. It is expected this will be a 5-year effort with an annual requirement of $40,000,000. In view of the proximity of employees at Oak Ridge National Laboratory to this highly contaminated facility, this work should be a high priority within the Environmental Management program. Office of River Protection--The Committee recommends $1,207,000,000 for the Office of River Protection.
Savannah River Site--The Committee recommends $1,190,879,000 for the Savannah River site. H-Canyon--The request for Savannah River proposes to place H-Canyon into hot standby pending a determination by the Department to begin reprocessing spent fuel. The Committee is concerned by EM's plan to meet its statutory requirements to maintain the facility in a high state of readiness. H-Canyon is a unique national capability for performing large scale chemical processing operations that would take considerable time and funding to reconstitute if lost. The Department should demonstrate it can adequately maintain the condition of the chemical processing areas while it deliberates on the disposition of spent nuclear fuel. Additionally, as the Department continues to analyze ways to address the back end of the fuel cycle, the Committee notes the supportive role that H-Canyon could play in research and development.
The Committee also notes that with regards to its deliberations on spent nuclear fuel, H-Canyon appears to be the only available disposition path for nearly 14 metric tons of aluminum clad fuel currently residing at SRS and other sites around the complex. The decision not to process aluminum clad fuel may require the Department to spend millions of dollars to increase the storage space in L-basin to accommodate additional aluminum clad fuel. The indefinite storage of this material will be costly to the taxpayers and take budgetary focus away from other priorities at SRS and around the complex. The Defense Nuclear Facilities Safety Board noted its opinion that there are unintended safety consequences of orphaning this material in a letter to Secretary Chu. The Committee directs that within 90 days, the Department provide a report to the Senate and House Appropriations Committees, as well as the Senate and House Armed Service Committees on the disposition path for the 14 MT of aluminum clad fuel. Waste Isolation Pilot Plant--The Committee recommends $200,000,000 for the Waste Isolation Pilot Plant. The Committee notes the Department submitted a request for $28,771,000 in fiscal year 2012 to continue providing economic assistance to the State of New Mexico, even though the requirement to provide such payments under the Waste Isolation Pilot Plant Land Withdrawal Act, as amended, was completed in fiscal year 2011. In light of the overall size of this grant relative to other State grants that EM makes, as well as other budget constraints, the Committee recommends no funding for making a voluntary payment under that act in fiscal year 2012.
Environmental Management Reorganization
--The Department announced on July 8, 2011, its intention to change the reporting structure of the Office of Environmental Management, the Office of Legacy Management, and the Office of the Chief of Nuclear Safety so that these offices would report directly to the Under Secretary for Nuclear Security. According to the Department, this reorganization is meant to capitalize on the expertise that exists throughout the Department on project management, nuclear materials and waste, and nuclear safety and security. While the Committee shares the Department's desire to improve EM project management and nuclear safety and security, confusion remains as to how the reorganization will impact day-to-day operations of EM and how specifically it will result in improved project management. The Department failed to provide sufficient advance notice of its plans and rationale for these plans, resulting in skepticism and frustration amongst DOE stakeholders. In addition, it is not clear how the Under Secretary for Nuclear Security--who is tasked with implementing an ambitious nuclear modernization effort--will be able to manage this additional, critical responsibility, without detracting from the NNSA mission. The Committee directs the Department to provide a detailed plan for implementation of the new EM management structure within 30 days of enactment of this act. Office of Legacy Management--The Committee recommends $169,740,000, as requested.
Non-Defense Environmental Cleanup
FY11 Enacted: $223 million
FY12 President's Request: $219 million FY12 House Bill: $254 million FY12 Senate Report: $219 million Report Language
Small Sites--The Committee recommends $57,430,000. The Committee is aware of the lack of remediation activity at various DOE-sponsored facilities and small sites characterized as under the responsibility of DOE, such as national laboratories and small experimental nuclear research reactors. The Committee directs the Department to submit detailed action plans within 3 months of enactment of this act for remediating these sites and sponsored facilities.
Weapons Activities
FY11 Enacted: $6.9 billion
FY12 President's Request: $7.6 billion FY12 House Bill: $7.1 billion FY12 Senate Report: $7.19 billion Report Language
Program Report Language
--The Committee recognizes the important contributions that advanced computing and experimental facilities have made in the last few years to the success of the stockpile stewardship program and to increase confidence in the safety, security, and reliability of the nuclear weapons stockpile. After investing billions of dollars over more than a decade, critical capabilities are in place to respond to nuclear weapons issues without underground nuclear weapons testing. Petascale computing capabilities allow weapons scientists and engineers to conduct weapons simulations with reasonable efficiency and resolution. In the past year, the Dual-Axis Radiographic Hydrodynamic Test facility at Los Alamos National Laboratory successfully completed four experiments that resolved a long open significant finding investigation, improved the basis for the assessment of several stockpile systems, and provided data to better understand multipoint safety options for possible use in future life extension programs. The past year also marked the execution of the Barolo series of subcritical experiments at the U1a underground facility at the Nevada National Security Site. These experiments provided data on the behavior of plutonium driven by high explosives, which is critical to understanding primary implosions. The National Ignition Facility at Lawrence Livermore National Laboratory also successfully completed its first set of weapon-relevant physics experiments to help validate computer models that resolved one of the most critical areas of uncertainty in assessing nuclear weapons performance. Defense Nuclear Nonproliferation
FY11 Enacted: $2.27 billion
FY12 President's Request: $2.52 billion FY12 House Bill: $2.09 billion FY12 Senate Report: $2.383 billion Report Language
Program Report Language
--The Committee commends NNSA for making significant progress in meeting the goal of securing all vulnerable nuclear materials within 4 years. In 2009, the Congressional Commission on the Strategic Posture of the United States found that ''the surest way to prevent nuclear terrorism is to deny terrorist acquisition of nuclear weapons or fissile materials . . . An accelerated campaign to close or secure the world's most vulnerable nuclear sites as quickly as possible should be a top national priority.'' To that end, since April 2009, when President Obama announced the 4-year goal, NNSA has removed over 960 kilograms of highly enriched uranium--enough material for 38 nuclear weapons. NNSA has also removed all highly enriched uranium from six countries. One of these countries was Libya. Given the recent unrest in Libya, the presence of this dangerous nuclear material in an unstable part of the world would have increased the risk of nuclear terrorism. Removing highly enriched uranium from six countries in 2 years is much faster than one country a year NNSA has averaged in the last 13 years. Further, NNSA has completed security upgrades at 32 additional buildings in Russia containing weapons usable materials. The Committee encourages NNSA to continue its accelerated efforts to secure vulnerable nuclear materials. Fissile Materials Disposition--The Committee recommends $751,489,000 to support the plutonium disposition program and construction projects.
U.S. Surplus Fissile Materials Disposition--The Committee recommends $250,435,000 including $224,000,000 for the U.S. plutonium disposition and $26,435,000 as requested for the U.S. uranium disposition programs. Construction --The Committee recommends $500,054,000 to support construction of three facilities at Savannah River in South Carolina--the MOX Fuel Fabrication Facility [MFFF], the Waste Solidification Building, and the Pit Disassembly and Conversion [PDC] project. These facilities will dispose of at least 34 metric tons of plutonium by fabricating it into mixed oxide fuel for domestic nuclear reactors. The Committee remains concerned with the overall management of the U.S. plutonium disposition program. The Committee notes a history of rising costs and schedule delays in the construction of these major disposition facilities, and believes that further costs increases or delays in program implementation may result from several pending NNSA decisions to reconfigure key program elements. In particular, the Committee is concerned by the prolonged delay by NNSA and DOE in achieving a CD-1 decision on the consolidation of the Pit Disassembly and Conversion Facility and the Plutonium Preparation Project into a new Pit Disassembly and Conversion capability, a possible redesign of the PDC program to produce plutonium feedstock at a lower rate than currently planned, and a proposed redesign of MFFF to allow production of MOX fuel suitable for use in boiling water reactors and next generation light water reactors. The Committee further notes wavering interest and lack of firm commitments from U.S. utilities to irradiate MOX fuel in their reactors. For these reasons, the Committee directs NNSA to provide a report no later than December 31, 2011 with: --updated cost and schedule estimates for both PDC and MFFF; --the anticipated startup date for both MFFF and PDC; --the sources of and strategy for providing plutonium feedstock in the gap period between start up of MFFF operations and availability of feedstock from PDC; --the status of agreements from U.S. utilities to irradiate MOX fuel in their reactors, the deadline to obtain such agreements, and the status of contingency plans NNSA has developed should it fail to achieve such agreements with utilities; and --the timeframe for completing disposition of 34 metric tons of U.S. surplus plutonium. The Committee is aware that MFFF faced schedule delays and cost increased because of difficulties in identifying suppliers and subcontractors with the ability and experience to fabricate and install equipment that met strict quality assurance standards and requirements for nuclear work. The lack of experienced nuclear equipment suppliers resulted in a lack of competition for work and higher than expected bids. NNSA also had to station dedicated MOX facility quality assurance and engineering personnel at supplier and subcontractor stations to train personnel and ensure fabricated equipment and installations met requirements. Based on the lessons learned from this construction project and the large investment NNSA made to train nuclear equipment suppliers, the Committee directs NNSA to establish a working group that meets regularly composed of project managers and key management, acquisition, and procurement staff of MFFF and NNSA's three other major construction projects--UPF, CMRR-NF, and PDC--to share lessons learned and help new construction projects stay on time and on budget. Mixed Oxide Fuel Fabrication Facility, Savannah River--The Committee recommends $435,172,000. This increase represents a transfer of $50,000,000 from Other Project Costs for the Mixed Oxide Fuel Fabrication Facility to construction to keep construction on schedule and help install ventilation equipment, process piping, and electrical equipment and assemble and test gloveboxes.
Waste Solidification Building, Savannah River--The Committee recommends full funding of $17,582,000 for this project.
Pit Disassembly and Conversion Facility, Savannah River--The Committee recommends $47,300,000 because NNSA has not completed a study of alternatives or a conceptual design report with a new cost and schedule range that is required under DOE guidance before construction can begin.
Nuclear Energy FY11 Enacted: $726 million
FY12 President's Request: $754 million FY12 House Bill: $734 million FY12 Senate Report: $584 million Report Language
Program Report Language--The events at the Fukushima-Daiichi facilities in Japan have resulted in a reexamination of our Nation's policies regarding the safety of commercial reactors and the storage of spent nuclear fuel. These efforts have been supported by appropriations in this bill, and the Committee provides funding for continuation and expansion of these activities.
While the Nuclear Regulatory Commission has found that spent nuclear fuel can be stored safely for at least 60 years in wet or dry cask storage beyond the licensed life of the reactor, the Committee has significant questions on this matter and is extremely concerned that the United States continues to accumulate spent fuel from nuclear reactors without a comprehensive plan to collect the fuel or dispose of it safely, and as a result faces a $15,400,000,000 liability by 2020. The Committee approved funding in prior years for the Blue Ribbon Commission on America's Nuclear Future [BRC], which was charged with examining our Nation's policies for managing the back end of the nuclear fuel cycle and recommending a new plan. The BRC issued a draft report in July 2011 with recommendations, which is expected to be finalized in January 2012. The Committee directs prior existing funding, contingent on the renewal of its charter, to the BRC to develop a comprehensive revision to Federal statutes based on its recommendations, to submit to Congress for its consideration. The Committee directs the Department to develop and prepare to implement a strategy for the management of spent nuclear fuel and other nuclear waste within 3 months of publication of the final report of the Blue Ribbon Commission on America's Nuclear Future. The strategy shall reduce long-term Federal liability associated with the Department's failure to pick up spent fuel from commercial nuclear reactors, and it should propose to store waste in a safe and responsible manner. The Committee notes that a sound Federal strategy will likely require one or more consolidated storage facilities with adequate capacity to be sited, licensed, and constructed in multiple regions, independent of the schedule for opening a repository. The Committee directs that the Department's strategy include a plan to develop consolidated regional storage facilities in cooperation with host communities, as necessary, and propose any amendments to Federal statute necessary to implement the strategy. Although successfully disposing of spent nuclear fuel permanently is a long-term effort and will require statutory changes, the Committee supports taking near- and mid-term steps that can begin without new legislation and which provide value regardless of the ultimate policy the United States adopts. The Committee therefore includes funding for several of these steps in the Nuclear Energy Research and Development account, including the assessment of dry casks to establish a scientific basis for licensing; continued work on advanced fuel cycle options; research to assess disposal in different geological media; and the development of enhanced fuels and materials that are more resistant to damage in reactors or spent fuel pools.
The Committee has provided more than $500,000,000 in prior years toward the Next Generation Nuclear Plant [NGNP] program. Although the program has experienced some successes, particularly in the advanced research and development of TRISO fuel, the Committee is frustrated with the lack of progress and failure to resolve the upfront cost-share issue to allocate the risk between industry and the Federal Government. Although the Committee has provided sufficient time for these issues to be resolved, the program has stalled. Recognizing funding constraints, the Committee cannot support continuing the program in its current form. The Committee provides no funding to continue the existing NGNP program, but rather allows the Department to continue high-value, priority research and development activities for high-temperature reactors, in cooperation with industry, that were included in the NGNP program.
Nuclear Energy Research and Development--The Committee recommends $291,667,000 for Nuclear Energy Research and Development. Use of Prior Existing Balances--If the Secretary renews the charter of the Blue Ribbon Commission, the Department is directed to use $2,500,000 of prior existing balances appropriated to the Office of Civilian Radioactive Waste Management to develop a comprehensive revision to Federal statutes based on its recommendations. The recommendation should be provided to Congress not later than March 30, 2012 for consideration. Nuclear Energy Enabling Technologies--The Committee recommends $68,880,000 for Nuclear Energy Enabling Technologies, including $24,300,000 for the Energy Innovation Hub for Modeling and Simulation, $14,580,000 for the National Science User Facility at Idaho National Laboratory, and $30,000,000 for Crosscutting research. The Committee does not recommend any funding for Transformative research. The Committee recommends that the Department focus the Energy Innovation Hub on the aspects of its mission that improve nuclear powerplant safety.
Light Water Reactor Small Modular Reactor Licensing Technical Support--The Committee provides no funding for Light Water Reactor Small Modular Reactor Licensing Technical Support. Reactor Concepts Research, Development, and Demonstration--
The Committee provides $31,870,000 for Reactor Concepts Research, Development and Demonstration. Of this funding, $21,870,000 is for Advanced Reactor Concepts activities. The Committee does not include funding for the Next Generation Nuclear Plant Demonstration project. The Department may, within available funding, continue high-value, priority research and development activities for high-temperature reactor concepts, in cooperation with industry, that were conducted as part of the NGNP program. The remaining funds, $10,000,000, are for research and development of the current fleet of operating reactors to determine how long they can safely operate. Fuel Cycle Research and Development--The Committee recommends $187,917,000 for Fuel Cycle Research and Development. Within available funds, the Committee provides $10,000,000 for the Department to expand the existing modeling and simulation capabilities at the national laboratories to assess issues related to the aging and safety of storing spent nuclear fuel in fuel pools and dry storage casks. The Committee includes $60,000,000 for Used Nuclear Fuel Disposition, and directs the Department to focus research and development activities on the following priorities: --$10,000,000 for development and licensing of standardized transportation, aging, and disposition canisters and casks; --$3,000,000 for development of models for potential partnerships to manage spent nuclear fuel and high level waste; and --$7,000,000 for characterization of potential geologic repository media. The Committee provides funding for evaluation of standardized transportation, aging and disposition cask and canister design, cost, and safety characteristics, in order to enable the Department to determine those that should be used if the Federal Government begins transporting fuel from reactor sites, as it is legally obligated to do, and consolidating fuel. The Committee notes that the Blue Ribbon Commission on America's Nuclear Future has, in its draft report, recommended the creation of consolidated interim storage facilities, for which the Federal Government will need casks and canisters to transport and store spent fuel.
The Committee also requests that the Department revisit the recommendations of the 2006 National Academies report titled ''Going the Distance: the Safe Transport of Spent Nuclear Fuel and High-Level Radioactive Waste in the United States,'' as recommended by the Blue Ribbon Commission on America's Nuclear Future in its draft report. The Committee shares the view of the Blue Ribbon Commission that ''NAS recommendations that have not yet been implemented, for whatever reason, should be revisited and addressed as appropriate.'' The Department is directed to report to the Committee within 90 days of enactment of this act on its plan to revisit these recommendations.
The Committee further recommends $59,000,000 for the Advanced Fuels program. With the increased funding the Department is directed to give priority to developing enhanced fuels and cladding for light water reactors to improve safety in the event of accidents in the reactor or spent fuel pools. While the Committee acknowledges the value of engineering upgrades and regulatory enhancements to ensure the safety of the Nation's current fleet of nuclear reactors following the disaster at Japan's Fukushima Daiichi nuclear powerplant, it is becoming increasingly clear that failure of the nuclear fuel upon loss of coolant was the ultimate cause of the destruction of the Japanese reactors and the extensive environmental damage. The Committee continues to support the Department's advanced fuels activities, in particular the ongoing coated particle fuel (deep burn) effort, and urges that special technical emphasis and funding priority be given to activities aimed at the development and near-term qualification of meltdown-resistant, accident-tolerant nuclear fuels that would enhance the safety of present and future generations of Light Water Reactors. Last, the Department is directed to report to the Committee, within 90 days of enactment of this act, on its plan for development of meltdown resistant fuels leading to reactor testing and utilization by 2020. Energy Efficiency and Renewable Energy
FY11 Enacted: $1.8 billion
FY12 President's Request: $3.2 billion FY12 House Bill: $1.3 billion FY12 Senate Report: $1.796 billion Report Language
Program Report Language--The Committee notes that the Energy Policy and Conservation Act of 1975 authorized the Department to issue efficiency standards for a list of products, and to date televisions are the only item for which DOE has failed to issue a standard. The Committee also notes that recent studies demonstrate that set top boxes consume $3,000,000,000 in electricity per year in the United States, and 66 percent of that power is when the television is not on. The Committee directs the Secretary to initiate rulemaking processes to establish effective efficiency standards for electronic devices, including both televisions and set-top boxes, within 12 months.
The Nuclear Regulatory Commission FY11 Enacted: $137 million
FY12 President's Request: $128 million FY12 House Bill: $137 million FY12 Senate Report: $129 million Report Language
National Academy of Sciences Study--At the recommendation of the Blue Ribbon Commission on America's Nuclear Future, the Committee directs the Nuclear Regulatory Commission to contract with the National Academy of Sciences [NAS] for a study of the lessons learned from the Fukushima nuclear disaster. The study should assess:
--the causes of the crisis at Fukushima; --the lessons that can be learned; --the lessons' implications for conclusions reached in earlier NAS studies on the safety and security of current storage arrangements for spent nuclear fuel and high-level waste in the United States, including an assessment of whether the amount of spent fuel currently stored in reactor pools should be reduced; --the lessons' implications for commercial nuclear reactor safety and security regulations; and --the potential to improve design basis threats assessment. This study shall build upon the 2004 NAS study of storage issues and complement the other efforts to learn from Fukushima that have already been launched by the NRC and industry. The Committee directs the Commission to proceed with its own efforts to improve regulations as expeditiously as possible. From the funds made available to the Nuclear Regulatory Commission, the Committee directs the Commission to transfer $2,000,000 to the National Academy of Sciences to undertake this study. The Committee expects the Commission to execute this transfer within 30 days of enactment of this act. The study should be conducted in coordination with the Department of Energy and, if possible, the Japanese Government. The Committee expects the Nuclear Regulatory Commission, the Department of Energy, and the Department of State to assist the National Academy of Sciences in obtaining the information it needs to complete this study in a timely manner.
Beyond Design-Basis Events--In light of recent earthquakes that exceeded the design basis of nuclear power plants in both Japan and the United States, the Committee encourages the Commission to evaluate whether it would be appropriate for the Commission to oversee, evaluate and test licensee beyond-design-basis event management guidelines and mitigation strategies in a more comprehensive manner, especially with regard to seismic and flooding events.
Mitigating the Impact of Earthquakes
--The Committee is concerned that risks to public health and safety exist due to a lack of understanding how critical nuclear energy infrastructure, particularly storage ponds and containers for spent nuclear fuel and waste, will respond to a catastrophic earthquake or kinetic impact event. The Committee directs the Nuclear Regulatory Commission [NRC] to develop protocols for the use of existing domestic seismic testing facilities, including the National Science Foundation's National Earthquake Engineering Simulation [NEES] program, to conduct tests on full-scale specimens of critical nuclear infrastructure, in order to validate related computer models and inform subsequent mitigation strategies. The NRC shall collaborate with NEES to submit a related plan and proposed budget to the Committee by January 23, 2012. Defense Nuclear Facilities Safety Board
FY11 Enacted: $23 million FY12 President's Request: $29 million FY12 House Bill: $29 million FY12 Senate Report: $29 million |
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