10 U.S.C. § 6153 — Disposition of weapons-usable plutonium at Savannah River Site

(a) Plan for construction and operation of the MOX facility. (1) By February 1, 2003, the Secretary of Energy had to give Congress a plan to construct and operate the MOX facility at the Savannah River Site in Aiken, South Carolina. (2) The plan had to include (A) a construction and operating schedule that would meet the “MOX production objective” on January 1, 2012, and afterward, and produce 1 metric ton of mixed-oxide fuel by December 31, 2012; and (B) an operating schedule designed to process 34 metric tons of defense plutonium and defense plutonium materials at the site into mixed-oxide fuel by January 1, 2019. (3)(A) From 2004 through 2024, by February 15 each year, the Secretary had to report to Congress on implementing the plan. (B) Reports for years before 2010 had to assess compliance with the paragraph (2) schedules and certify whether the objective could be met by January 2012. (C) Reports for years after 2014 had to say whether the objective was met and assess progress on United States obligations under the Plutonium Management and Disposition Agreement. (D) Reports for years after 2019 also had to assess compliance and, if there was none, give the Secretary’s plan to achieve either (i) compliance or (ii) removal of all remaining defense plutonium and defense plutonium materials from South Carolina.

(b) Corrective actions. (1) If a report showed that construction or operation was at least 12 months behind the applicable subsection (g) schedule, the Secretary had to submit corrective-action plans to Congress by August 15 of that year so the project could meet the objective. (2) A plan submitted after 2008 had to include actions ensuring that the objective would be met. (3) Every such plan had to include milestones for compliance. (4) Before January 1, 2012, if the Secretary found a substantial and material risk that the objective would not be met because milestones in the latest plan were missed, the Secretary had to stop further transfers of defense plutonium and defense plutonium materials for processing until the risk was addressed and the Secretary certified that the objective could be met by 2012. (5) After January 1, 2014, if the Secretary found the objective had not been met because those milestones were missed, the Secretary had to stop such transfers until certifying that the objective could be met. (6)(A) After a determination under (4) or (5), the Secretary had to report to Congress options for removing from South Carolina an amount equal to the amount transferred there after April 15, 2002. (B) The report had to analyze each option, including its cost, implementation schedule, and any National Environmental Policy Act of 1969 requirements for considering or selecting it. (C) After submitting the report, the Secretary had to begin any analysis required under that Act to choose among the options.

(c) If the objective was not met on January 1, 2014, the Secretary had to comply with the National Environmental Policy Act and other applicable laws and remove from South Carolina for storage or disposal elsewhere (1) by January 1, 2016, at least 1 metric ton; and (2) by January 1, 2022, an amount equal to material transferred to the site between April 15, 2002 and January 1, 2022, but not processed by the facility.

(d) Economic and impact assistance. (1) If the objective was not met on January 1, 2016, and appropriations were available, the Secretary had to pay^* South Carolina each year from then through 2021 $1,000,000 per day, up to $100,000,000 per year, until the later of (A) achievement of the objective that year or (B) removal that year of at least 1 metric ton. (2)(A) If on January 1, 2022 the facility had not processed at least 1 metric ton in each of two consecutive calendar years and 3 metric tons total, the Secretary had to pay South Carolina from available funds $1,000,000 per day, up to $100,000,000 per year, until the Secretary removed material equal to the amount transferred to the site between April 15, 2002 and January 1, 2022 but not processed. (B) This paragraph did not end, replace, or otherwise affect other requirements of this section. (3) If South Carolina obtained an injunction blocking an action needed for a deadline, the deadline was extended by the length of the injunction.

(e) If less than 34 metric tons had been processed by October 1, 2026, the Secretary had to submit a plan by December 1, 2026, and every two years afterward, to (1) finish processing 34 metric tons, or (2) remove from South Carolina an amount equal to material transferred after April 15, 2002 but not processed.

(f) If any mixed-oxide fuel remained at the site one year after permanent cessation of facility operations, the Secretary had to submit either (1) a report stating when it would be transferred for use in commercial nuclear reactors, or (2) a plan to remove it from South Carolina.

(g) By December 31, 2006, the Secretary had to report to Congress on construction and operation, including a fiscal-year-2007 schedule for revising this section’s requirements to match the Secretary’s facility schedule, based on estimated funding.

(h) Definitions. (1) “MOX production objective” means producing mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate^* of at least 1 metric ton per year. The average is measured from the date the Nuclear Regulatory Commission declares the facility operational through the assessment date. (2) “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site in Aiken, South Carolina. (3) “Defense plutonium” and “defense plutonium materials” mean weapons-usable plutonium.