71 Stat. 409. 75 Stat. 679. 73 Stat. 84, 86. 71 Stat. 409. 72 Stat. 493. 71 Stat. 409. viding for cooperation with the European Atomic Energy Community. SEC. 110. COOPERATIVE POWER REACTOR DEMONSTRATION PROGRAM.-(a) Section 111 of Public Law 85-162, as amended, is further amended by striking out the date "June 30, 1962" in clause (3) of subsection (a) and inserting in lieu thereof the date "June 30, 1963". (b) There is hereby authorized to be appropriated to the Atomic Energy Commission the sum of $3,000,000 to be available, in addition to the funds heretofore authorized, for carrying out the Commission's power reactor demonstration program in accordance with the terms and conditions provided in sections 110 and 112 of Public Law 86-50. (c) Funds authorized and appropriated to the Commission and authorized waivers of the Commission's use charges, available for the third round of the Commission's power reactor demonstration program, shall also be available to the Commission for use in a supplemental program of third round cooperative arrangements in accordance with the criteria heretofore submitted to the Joint Committee on Atomic Energy and in accordance with the provisions of subsections 111 (b) and (f) of Public Law 85-162. Under any such arrangements the Commission may furnish funds for design assistance. without regard to the provisions of section 169 of the Atomic Energy Act of 1954. No funds or waiver of use charges made available by this section shall be available for projects heretofore approved under the power reactor demonstration program or for other nuclear power projects already under construction. (d) Funds authorized and appropriated to the Commission and authorized waivers of the Commission's use charges, available in support of unsolicited proposals from the utility industry to construct nuclear powerplants, shall also be available to the Commission for use in a cooperative arrangement with any person or persons for participation in a nuclear reactor project to generate electricity, process heat, or both. Any such arrangement shall be entered into in accordance with the criteria for the third round of the Commission's power reactor demonstration program, including the provisions of section 111 (b) of Public Law 85-162: Provided, however, That under any such arrangement the Commission may furnish funds for design assistance without regard to the provisions of section 169 of the Atomic Energy Act of 1954. [SEC. 111. ORGANIC REACTOR PROJECT.-(a) The Commission is authorized to enter into cooperative arrangements with any person or persons for participation in the development, design, construction, and operation of an organic reactor authorized under project 63-e-3 of section 101 (e) of this Act, and the utilization of the steam generated by the reactor plant. Under such arrange ments (1) the Commission is authorized to obtain the participation of such person or persons to the fullest extent consistent with the Commission's direction of the project and ownership of the reactor; (2) the reactor plant may be constructed upon a site provided by a participating party with or without compensation; (3) the reactor plant shall be operated by, or under contract with, the Commission, for such period of time as the Commission determines to be advisable for research and development purposes and for such additional period as the Commission may determine to be necessary in the best interest of the Government. Upon the expiration of such period, the Commission may offer the reactor plant and its appurtenances for sale to a participating party or parties at a price to reflect appropriate depreciation, but not to include construction costs assignable to research and development, or the Commission may dismantle the reactor plant and its appurte nances; (4) the Commission may sell steam to a participating party at rates based upon the present cost of, or the projected cost of, comparable steam from a plant using conventional fuels at the reactor location; and (5) any steam sold shall be used for industrial, manufacturing, or other commercial purposes, including the generation of electric power for use by a participating party, or for research and development related thereto, but shall not be used for the generation of electric power for sale by a participating party. The participating party or parties shall provide facilities required for such utilization of the steam generated by the nuclear plant. (b) Before the Commission enters into any arrangement or amendment thereto under the authority of subsection (a) of this section, the basis for the arrangement or amendment thereto which the Commission proposes to execute (including the name of the proposed participating party or parties with whom the arrangement is to be made, a general description of the proposed powerplant, the estimated amount of cost to be incurred by the Commission and by the participating parties, and the general features of the proposed arrangement or amendment) shall be submitted to the Joint Committee, and a period Joint of forty-five days shall elapse while Congress is in session (in computing such forty-five days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee, after having Review by Committee. Determinations. received the basis for a proposed arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such forty-five day period: Provided further, That such arrangement or amendment shall be entered into in accordance with the basis for the arrangement or amendment submitted as provided herein: And provided further, That no basis for arrangement need be resubmitted to the Joint Committee for the sole reason that the estimated amount of the cost to be incurred by the Commission exceeds the estimated cost previously submitted to the Joint Committee by not more than fifteen per centum. (c) In the event no satisfactory proposal for a cooperative arrangement is received, the Commission may, if the project is still deemed desirable, proceed with design, construction, and operation of such a reactor plant at a Commission installation. The electric energy generated shall be used by the Commission in connection with the operation of such installation and the provisions of section 112 of Public Law 86-50 shall be applicable to this project.] 60 SEC. 112. (a) The Commission is not authorized (1) to enter into any arrangements for the construction or operation of electric generating and transmission facilities at the Hanford New Production Reactor, or (2) to sell any byproduct energy produced incident to the operation of the reactor and is directed to withhold from beneficial use and dissipate such byproduct energy, or (3) to enter into agreements, as part of such arrangements, to lease or contract for the operation of the reactor during periods when the reactor is not being operated or maintained for production or other Commission purposes, unless and until the Commission shall make the determinations required by subsection (b). (b) Before entering into any arrangement or sale of the type described in subsection (a), the Commission. shall make the following determinations: (1) Useable byproduct energy will be produced incident to the production of special nuclear material in the reactor in accordance with the design of the reactor as originally authorized by Congress; (2) The sale of byproduct energy could provide a substantial financial return to the United States Treasury for the benefit of the taxpayers: (3) The national defense posture would be improved by the enhanced capability for resumption of special nuclear material production through non 60 Sec. 111 of Public Law 87-701 (76 Stat. 599) (1962), rescinded by sec. 108 (c) of Public Law 89-32 (79 Stat. 120) (1965). Federal operation and maintenance of the reactor (c) All expenses of modifications of the Hanford New Production Reactor made at the request of a non-Federal entity, and all expenses of constructing and operating the electric energy generating and transmission facilities at the New Production Reactor, shall be borne by such non-Federal entity. ville (d) Any losses to the Bonneville Power Administration, in connection with the arrangements or sales authorized herein, shall be borne by its system customers through rate adjustments. (e) The Commission shall not enter into any arrangements for the sale of byproduct energy from the Hanford New Production Reactor unless it determines that the purchaser has offered fifty per cent participation to private organizations and fifty per cent participation to public organizations on a non-discriminatory basis in the sale of electric energy generated therewith. (f) No Federal agency may acquire the generating facilities without prior Congressional authorization and in the event of such authorization the generating facili- Congressional ties shall be acquired subject to contracts then in existence for disposition of the electric energy produced by the facilities. authorization (g) Before the Commission enters into any arrangements pursuant to this section, the basis for such arrangements and the determinations required by subsection (b), with supporting data, shall be submitted to the Joint Committee on Atomic Energy and a period of forty-five days shall elapse: Provided, however, That Review by the Joint Committee, after having received such docu- committee. ments, may, by majority concurrence in writing, waive the conditions of or all or any portion of such forty-five day period. Approved September 26, 1962. Joint INDEX TO LEGISLATIVE HISTORY OF PUBLIC LAW 87-701 (H.R. 11974) (Page references are to the Congressional Record, 87th Cong., 2d sess.) H.R. 11733 introduced May 14, 1962 by Mr. Holifield, 8284. Hearings: Subcommittee on Legislation, May 16, 17, 18, 21 and 29, 1962. Published under title "AEC Authorizing Legislation Fiscal Year 1963." Hearings on "Utility Proposal for Powerplant Addition to Hanford New Production Reactor," July 10 and 11, 1962. H.R. 11974 introduced by Mr. Holifield June 4, 1962 as a "clean bill," superseding H.R. 11733, 9620. H.R. 11974 reported in House on June 21, 1962 (H. Rept. No. 1871), H.R. 11974 considered by Committee of the Whole House pursuant to House Resolution 716 on July 17, 1962. Bill passed House with substitute amendment by rollcall vote of 232 to 163, prohibiting arrangements for addition of electric generating facilities to Hanford New Production Reactor 13771, 13776. H.R. 11974 considered by Senate on August 1, 1962. Senate struck all after enacting clause, substituting text of S. 3392. Bill passed with amendment providing authority for arrangements for addition of electric generating facilities at the Hanford New Production Reactor 15236. Senate requests conference and appoints conferees, August 2, 1962, 15236. House agrees to conference, rejecting motion for instruction of conferees, August 29, 1962, 18029, 18036. Conference report submitted to House (H. Rept. No. 2342), September 11, 1962, 19486. Conference report adopted by House September 14, 1962. Motion to recommit with instructions defeated by rollcall vote of 186-151, 19486. Conference report adopted by Senate, September 18, 1962, 19759. Examined and signed by the Speaker, September 19, 1962, 19976. Examined and signed by President of the Senate, September 19, 1962, 19884. Presented to the President, September 20, 1962, 20226. Approved by the President on September 26, 1962. Public Law 87-701, 21044. COMPANION BILL-S. 3392 S. 3292 introduced by Senator Pastore on May 14, 1962, 7661, and referred to the Joint Committee on Atomic Energy 8296. Hearings: As listed above. S. 3392 introduced by Senator Pastore on June 11, 1962, as a "clean bill," superseding S. 3292, 10046. Reported with amendment June 29, 1962 (S. Rept. 1671), 12234. H.R. 11974 considered by Senate on August 1, 1962. Passed Senate with amendment, striking all after the enacting clause and inserting the text of S. 3392, including further amendment authorizing arrangements for addition of electric generating facilities at the Hanford New Production Reactor, 15209, 15222, 15230-36. PUBLIC LAW 88-72 (AEC AUTHORIZATION ACT FOR FISCAL YEAR 1964) [88TH CONGRESS, S. 1745] [JULY 22, 1963] AN ACT To authorize appropriations for the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, |