Page:United States Statutes at Large Volume 119.djvu/810

 119 STAT. 792

PUBLIC LAW 109–58—AUG. 8, 2005 (2) COMBINED LICENSE.—The term ‘‘combined license’’ means a combined construction and operating license for an advanced nuclear facility issued by the Commission. (3) COMMISSION.—The term ‘‘Commission’’ means the Nuclear Regulatory Commission. (4) SPONSOR.—The term ‘‘sponsor’’ means a person who has applied for or been granted a combined license. (b) CONTRACT AUTHORITY.— (1) IN GENERAL.—The Secretary may enter into contracts under this section with sponsors of an advanced nuclear facility that cover a total of 6 reactors, with the 6 reactors consisting of not more than 3 different reactor designs, in accordance with paragraph (2). (2) REQUIREMENT FOR CONTRACTS.— (A) DEFINITION OF LOAN COST.—In this paragraph, the term ‘‘loan cost’’ has the meaning given the term ‘‘cost of a loan guarantee’’ under section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)). (B) ESTABLISHMENT OF ACCOUNTS.—There is established in the Department 2 separate accounts, which shall be known as the— (i) ‘‘Standby Support Program Account’’; and (ii) ‘‘Standby Support Grant Account’’. (C) REQUIREMENT.—The Secretary shall not enter into a contract under this section unless the Secretary deposits— (i) in the Standby Support Program Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract or a combination of appropriated funds and loan guarantee fees that are in an amount sufficient to cover the loan costs described in subsection (d)(5)(A); and (ii) in the Standby Support Grant Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract, paid to the Secretary by the sponsor of the advanced nuclear facility, or a combination of appropriations and payments that are in an amount sufficient cover the costs described in subparagraphs (B), (C), and (D) of subsection (d)(5). (c) COVERED DELAYS.— (1) INCLUSIONS.—Under each contract authorized by this section, the Secretary shall pay the costs specified in subsection (d), using funds appropriated or collected for the covered costs, if full power operation of the advanced nuclear facility is delayed by— (A) the failure of the Commission to comply with schedules for review and approval of inspections, tests, analyses, and acceptance criteria established under the combined license or the conduct of preoperational hearings by the Commission for the advanced nuclear facility; or (B) litigation that delays the commencement of fullpower operations of the advanced nuclear facility. (2) EXCLUSIONS.—The Secretary may not enter into any contract under this section that would obligate the Secretary to pay any costs resulting from—

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