Page:United States Statutes at Large Volume 106 Part 4.djvu/199

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2935 "(b) SERVICES PROVIDED TO DOE.— The Corporation shall charge prices to the Department for uranium enrichment services provided under section 1303(9) on a basis that will allow it to recover its costs, on a yearly basis, for providing products, materials, and services, and provide for a reasonable profit. 'SEC. 1403. LEASING OF GASEOUS DIFFUSION FACILITIES OF DEPART- 42 USC 2297c-2. MENT. "(a) IN GENERAL.—The Corporation shall lease the Paducah Gaseoiis Dif!usion Plant in Paducah, Kentucky, the Portsmouth Gaseous Diffusion Plant in Piketon, Ohio, and related property of the Department, for a period of 6 years from the transition date. Thereafter, the Corporation shall have the exclusive option to lease such facilities and related property for additional periods. "(b) TERMS OF LEASE.— The Corporation and the Department shall set mutually agreeable terms for a lease under subsection (a), including specifying annual payments to the Department by the Corporation to be made. The amount of annual payments shall be equal to the cost incurred by the Department in administering the lease and providing services related to the lease to the Corporation (excluding depreciation and imputed interest on original plant investments in the Department's gaseous diffusion plants and costs under subsection (d)). "(c) EXCLUSION OF FACILITIES FOR PRODUCTION OF HIGHLY ENRICHED URANIUM.—Subsection (a) shall not apply to Department facilities necessary for the production of highly enriched uranium. The Secretary may grant to the Corporation access to such facilities for purposes other than the production of highly enriched uranium. "(d) DOE RESPONSIBILITY FOR PREEXISTING CONDITIONS.—The payment of any costs of decontamination and decommissioning, response actions, or corrective actions with respect to conditions existing before the transition date, in connection with property of the Department leased under subsection (a), shall remain the sole responsibility of the Department. "(e) ENVIRONMENTAL AUDIT.— The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall conduct a comprehensive environmental audit identi^ring environmental conditions that will remain the responsibility of the Department pursuant to subsection (d) after the transition date. Such audit shall be completed no later than the transition date. "(f) TREATMENT UNDER PRICE-ANDERSON PROVISIONS. —Any lease executed between the Secretary and the Corporation under this section shall be deemed to be a contract for purposes of section 170 d. "(g) WAIVER OF EIS REQUIREMENT. —The execution of the lease by the Corporation and the Department shall not be considered a major Federal action significantly affecting the quality of the human environment for purposes of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). '«EC. 1404. CAPITAL STRUCTURE OF CORPORATION. 42 USC 2297c-3. "(a) CAPITAL STOCK. — "(1) ISSUANCE TO SECRETARY OF THE TREASURY. — The Corporation shall issue capital stock representing an equity investment equal to the greater of— "(A) $3,000,000,000; or "(B) the book value of assets transferred to the Corporation, as reported in the Uranium Enrichment Annual

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