Page:United States Statutes at Large Volume 116 Part 4.djvu/322

 116 STAT. 2750 PUBLIC LAW 107-314—DEC. 2, 2002 (3) If the State of South CaroHna obtains an injunction that prohibits the Department from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect. (e) FAILURE TO COMPLETE PLANNED DISPOSITION PROGRAM. — If on July 1 each year beginning in 2020 and continuing for as long as the MOX facility is in use, less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility, the Secretary shall submit to Congress a plan for— (1) completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or (2) removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility. (f) REMOVAL OF MIXED-OXIDE FUEL UPON COMPLETION OF OPERATIONS OF MOX FACILITY. — If, one year after the date on which operation of the MOX facility permanently ceases, any mixedoxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress— Reports. (1) a report on when such fuel will be transferred for use in commercial nuclear reactors; or (2) a plan for removing such fuel from the State of South Carolina. (g) DEFINITIONS.—In this section: (1) MOX PRODUCTION OBJECTIVE.— The term "MOX production objective" means production at the MOX facility of mixedoxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment. (2) MOX FACILITY.—The term "MOX facility" means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. (3) DEFENSE PLUTONIUM; DEFENSE PLUTONIUM MATE- RIALS.— The terms "defense plutonium" and "defense plutonium materials" mean weapons-usable plutonium. SEC. 3183. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND PLUTONIUM MATERIALS AT SAVANNAH RIVER SITE. (a) STUDY.— The Defense Nuclear Facilities Safety Board shall conduct a study of the adequacy of the K-Area Materials Storage facility (KAMS), and related support facilities such as Building 235-F, at the Savannah River Site, Aiken, South Carolina, for the storage of defense plutonium and defense plutonium materials in connection with the disposition program provided in section 3182 and in connection with the amended Record of Decision of the Department of Energy for fissile materials disposition. Deadline. (b) REPORT.—Not later than one year after the date of the enactment of this Act, the Defense Nuclear Facilities Safety Board

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