42 U.S.C. § 13524 — Costs related to decommissioning and storage and disposal of nuclear waste
submitted 34 years ago by Pub. L. 102-486 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 308 words · no verdicts yet
When the Department of Energy awards contracts for nuclear hot cell services, it must ignore decommissioning and nuclear-waste costs when comparing bids, if a U.S. company bidding faces those costs but a foreign competitor doesn't. The same rule applies when a winning contractor later hires its own subcontractors. The Secretary had to write rules to enforce this within 90 days.
(a) Award of contracts: (1) Prime contractors — When the Secretary* evaluates bids for nuclear hot cell services contracts, the Secretary must leave out costs related to decommissioning nuclear facilities or storing and disposing of nuclear waste, if (A) at least one U.S. bidder faces those costs, and (B) at least one foreign bidder doesn't face comparable costs. (2) Subcontractors — Anyone awarded a contract under this rule who then subcontracts that work must apply the same rule when comparing bids from potential subcontractors.
(b) Issuance of regulations: The Secretary had to issue regulations carrying out subsection (a) within 90 days of October 24, 1992.
(c) Definitions: In this section: (1) "costs related to decommissioning of nuclear facilities" means any cost of complying with regulations governing the decommissioning of nuclear facilities licensed by the Nuclear Regulatory Commission; (2) "costs related to storage and disposal of nuclear waste" means any cost — required by regulation or just standard prudent business practice — tied to storing or disposing of nuclear waste; (3) "nuclear hot cell services" means examining or working on nuclear fuel rods, control assemblies, or other parts that give off large amounts of radiation; and (4) "nuclear waste" means any radioactive waste material regulated by the Nuclear Regulatory Commission or the Department of Energy.
In awarding contracts to perform nuclear hot cell services, the Secretary*, in evaluating bids for such contracts, shall exclude from consideration costs related to the decommissioning of nuclear facilities or the storage and disposal of nuclear waste, if—
one or more of the parties bidding to perform such services is a United States company that is subject to such costs; and
one or more of the parties bidding to perform such services is a foreign company that is not subject to comparable costs.
Any person awarded a contract subject to the restrictions described in paragraph (1) who subcontracts with a person to perform the services described in such paragraph shall be subject to the same restrictions in evaluating bids among potential subcontractors, as the Secretary was subject to in evaluating bids among prime contractors.
The Secretary shall issue regulations not later than 90 days after October 24, 1992, to carry out the requirements of subsection (a).
As used in this section—
the term “costs related to decommissioning of nuclear facilities” means any cost associated with the compliance with regulatory requirements governing the decommissioning of nuclear facilities licensed by the Nuclear Regulatory Commission;
the term “costs related to storage and disposal of nuclear waste” means any costs, whether required by regulation or incurred as a matter of prudent business practice, associated with the storage or disposal of nuclear waste;
the term “nuclear hot cell services” means services related to the examination of, or performance of various operations on, nuclear fuel rods, control assemblies, or other components that are emitting large quantities of ionizing radiation; and
the term “nuclear waste” means any radioactive waste material subject to regulation by the Nuclear Regulatory Commission or the Department of Energy.
Source credit: (Pub. L. 102–486, title XXIII, § 2305, Oct. 24, 1992, 106 Stat. 3094.)
- 1992Enacted · Pub. L. 102-486 · 106 Stat. 3094
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-486 on 1992-10-24.
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