The $37.4 billion House Energy and Water Development Appropriations Bill for fiscal 2017 prohibits the use of funds allocated for the Mixed-Oxide (MOX) Fuel Fabrication Facility to place the plant in “cold standby,” a clear departure from the Obama administration’s proposal to terminate the project.
The spending legislation in total grants the Department of Energy $30 billion, $245.6 million above the fiscal 2016 level and $1.5 billion below the president’s budget request for the budget year beginning Oct. 1. Of that amount, $12.9 billion would go to the National Nuclear Security Administration (NNSA), $327.1 million above the fiscal 2016 amount and $22 million below the budget request. The legislation’s NNSA provisions include $9.3 billion for weapons activities, $1.4 billion for naval nuclear reactors, and $1.8 billion for defense nuclear nonproliferation.
The bill provides $340 million to sustain construction of the Mixed Oxide (MOX) Fuel Fabrication Facility and prohibits the use of these funds to place the project in cold standby, or suspended with the option of resuming activity should the need arise. Meanwhile, the president’s budget requested $285 million for a different plutonium dilution and disposal method to fulfill U.S. obligations under a U.S.-Russian nonproliferation agreement. The bill also provides $5 million under the material disposition account to continue to develop conceptual plans on a MOX alternative.
“The Committee remains concerned that scuttling the MOX project prior to commencing negotiations on modifications to the agreement will limit U.S. options and will lead to further cost growth if the project is later restarted,” the bill report says. “Furthermore, without a legislative proposal that would describe the legal foundation needed for carrying out the proposed alternative, the Department may incur fines that were not accounted for in the NNSA’s cost analysis, costs which could surpass any savings assumed to be generated in this budget request by terminating construction in fiscal year 2017.”
The NNSA is directed to commission a National Academy of Sciences review of the secretary of energy’s plan to dispose of surplus diluted plutonium at the Waste Isolation Pilot Plant (WIPP) in New Mexico as part of the MOX alternative. The bill report says the amount of radioactive materials could exceed WIPP’s disposal limits, which necessitates an assessment of these plans and their compliance with environmental and safety regulations.
The Senate energy and water legislation provides $270 million for MOX and gives the secretary of energy reprogramming authority to reallocate funds from one construction project to another, or to change the scope of an approved project. Senate appropriators said last week they have asked the chamber’s Armed Services Committee to hold a hearing on MOX to guide the Appropriations Committee on a path forward on the matter.
The House and Senate Appropriations committees have both approved their energy and water bills, sending them to the floor for final votes. The Senate began considering its version this week and will continue to debate amendments next week. House floor action on the bill has not yet been scheduled.
Across the DOE Complex
The House bill provides $2.8 billion for NNSA infrastructure and operations, $492.2 million above the current amount. From this, $400 million is provided for the maintenance and repair of facilities, with a “strong emphasis on reducing the growing backlog of deferred maintenance,” which currently stands at $3.7 billion.
Another $3.3 billion is allocated for directed stockpile work, down by $93.3 million from the current level, which maintains full funding for the warhead life-extension programs, according to the NNSA’s request. The Senate version also provides $3.3 billion for directed stockpile work and full funding for life-extension programs.
Senate appropriators recommend funding for NNSA labs’ infrastructure and operations similar to currently enacted levels. For infrastructure and operations, Sandia National Laboratories currently receives $115.3 million, the Los Alamos National Laboratory $196.5 million, and the Lawrence Livermore National Laboratory $70.7 million. Both the Senate bill and agency request offer $118 million for Sandia, $196.5 million for Los Alamos, and $70.5 million for Lawrence Livermore.
The House bill also provides $530 million for construction of the Uranium Processing Facility (UPF) at the Y-12 National Security Complex, $100 million above the current amount. It notes that “safety-related design issues” have driven up project costs and therefore directs the NNSA to conduct an independent design review to “assess the adequacy of the design to meet nuclear safety requirements.” This report should be submitted to the appropriations committees of both houses within 90 days after the enactment of the legislation. The Senate bill recommends $117 million for Y-12 infrastructure and operations.
Under defense nuclear nonproliferation in the House version, the material disposition account will receive $5 million for conceptual plan development for an alternative to the MOX fuel approach. For defense nuclear nonproliferation research and development, the bill provides $491.6 million for the development of fuels for high performance research reactors and the demonstration of domestic technologies for the production of the isotope molybdenum-99 using low-enriched uranium. The Senate version recommends $406.9 million for defense nuclear nonproliferation research and development, and offers $32.7 million for the High Performance Research Reactor Program, with activities to be focused on low-density fuel development for research reactors.
Citing a recent report that concluded research reactor conversions from high to low-enriched uranium would take years longer than expected, the House bill directs the NNSA to provide both appropriations committees “a long-term roadmap with clear milestones and off-ramps for the development of fuels that are needed to support conversion goals” within 180 days of enactment.
