Congress returns to heavy workload
A list of outstanding issues relevant to ANS include:
1. FY 2005 Appropriations for the Yucca Mountain repository
Fiscal year 2005 begins on October 1, but to date only the House has passed its version of the 2005 Energy and Water Appropriations bill. Much has already been written about the House's allocation of $131 million for Yucca Mountain in this bill. While this amount is far below the level required to keep the project on track, it is consistent with the recommendation included in the budget request for 2005, which sought to take the Nuclear Waste Trust Fund off budget by requesting legislative language.
In March, the Secretary of Energy submitted proposed legislation to Congress that would authorize the reclassification of fees paid into the Nuclear Waste Fund as offsetting collections. The proposal would in essence take the Trust Fund "off budget" and thereby remove it from the pressure of competing for funding with other programs contained in the annual Energy and Water Appropriations bill. Recognizing that the funding required for the program to remain on schedule is increasing each year, the legislative proposal is an effort to better tie the annual amounts collected by ratepayers to the annual obligations to the program. To date, the amounts collected for the program exceed the appropriated levels by billions of dollars.
The House Energy and Commerce Committee has passed the legislation necessary to take the fund off budget, but it has not been brought before the full House nor has the Senate moved on this effort.
The House took the position in its appropriations bill that the $131 million requested by the Administration was all that could be allocated despite the lack of enacted authorizing legislation to take the fund off budget.
The Senate has not yet marked up its appropriations bill, but Chairman Domenici has indicated he is considering including in the bill a one-year fee increase among ratepayers to bridge the gap between the $131 million requested and the full capability of $880 million needed for the program in 2005. The House bill has no such provision so if the proposal is indeed attached to the Senate appropriations bill, it will have to be resolved by the House-Senate conference committee.
2. 2005 Appropriations for Department of Energy R&D programs.
In addition to funding for Yucca Mountain, appropriations for the R&D programs at the Office of Nuclear Energy, Science and Technology will also need to be resolved by Congress. Again, the House has passed its 2005 appropriations bill but the Senate has not yet marked up its version. Funding for many of the ongoing nuclear science R&D efforts in the House bill is below the levels needed to adequately sustain these programs.
Highlights of the House appropriations bill include:
NERI - No funding included in the budget request nor in the House bill to continue this R&D program;
Nuclear Power 2010 - The budget request sought $10.2 million; the House bill includes $5 million;
Generation IV - The House bill includes $40.5 million;
University Reactor Fuel Assistance and Support - The House bill includes $24 million, an increase of $3 million over the budget request but short of the $26.2 million sought by the university community and ANS.
3. Energy bill - Tax provisions
Despite passage by the House last year, the Senate was unable to obtain the necessary votes for passage of comprehensive energy legislation, which is still pending. In an effort to move the tax provisions in the bill, Senator Domenici worked with the Senate Finance Committee to add the energy tax portion as an amendment to Foreign Sales Corporation (FSC/ETI) legislation. Unfortunately, the nuclear plant production tax credit provision, which was included in the energy bill, was not made a part of the FSC amendment. However, Chairman Domenici has articulated his support for ensuring the production tax credits are included in the final conference report.
4. Energy bill - other items
The House-passed energy bill includes several other provisions supported by the nuclear community, including Price-Anderson reauthorization and authorizations for many research and development programs. There have been discussions about adding some of these provisions onto other legislative vehicles which are moving forward but no final decisions have been made.
While other issues remain, such as nuclear security, the above items are those which are mostly likely to see some action prior to congressional adjournment later this year.
ANS Washington Office
