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25LSO-0743
2025
STATE OF WYOMING
25LSO-0743
ENGROSSED
3.0
SENATE FILE NO. SF0186
Advanced nuclear reactor manufacturers-fuel storage.
Sponsored by: Senator(s) Cooper, Anderson, Crum and Driskill and Representative(s) Larsen, L and Wylie
A BILL
for
AN ACT relating to environmental quality; establishing requirements and standards for the storage of nuclear fuel by advanced nuclear reactor manufacturers; providing definitions; making conforming amendments; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
‑
11
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2201 and 35
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11
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2202 are created to read:
ARTICLE 22
ADVANCED NUCLEAR REACTOR MANUFACTURER FUEL STORAGE
35
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11
‑
2201.
Definitions.
(a)
As used in this article:
(i)
"Advanced nuclear reactor manufacturer" means a person that is physically located in Wyoming and that manufactures and deploys advanced nuclear reactors at and from the manufacturer's location in Wyoming and that refurbishes and refuels those reactors at the Wyoming manufacturing location;
(ii)
"Installation" means a facility for the storage of spent nuclear fuel owned or operated by an advanced nuclear reactor manufacturer;
(iii)
"Spent nuclear fuel" means as defined in the federal Nuclear Waste Policy Act of 1982, as amended and includes other high
‑
level radioactive waste associated with the manufacturing and refurbishing process.
35
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11
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2202.
Advanced nuclear reactor manufacturers; storage of spent nuclear fuel.
(a)
Any person undertaking the siting of an installation shall do so in accordance with this article.
(b)
Any person undertaking the siting of any installation governed by this article shall submit the following to the department before commencing construction of the installation:
(i)
A copy of any application and other materials submitted to the United States nuclear regulatory commission;
(ii)
A copy of any license granted to the person for the installation from the United States nuclear regulatory commission;
(iii)
An acknowledgment in writing that the installation will be temporary and will use dry cask storage for the storage of only spent nuclear fuel that was used in a reactor manufactured by an advanced nuclear reactor manufacturer;
(iv)
To the extent that the following information is not submitted to the department under paragraph (i) or (ii) of this subsection, the following information:
(A)
The criteria upon which the proposed installation site was chosen, and information showing how the site meets the criteria of the nuclear regulatory commission and the department;
(B)
The technical feasibility of the proposed storage equipment and technology;
(C)
The environmental, social and economic impact of the installation in the area of study;
(D)
Conformance with the federal guidelines for an installation.
(c)
Upon receiving the information required under subsection (b) of this section, the department, through the director, shall verify the following:
(i)
That the person has obtained a license for an installation from the United States nuclear regulatory commission and is otherwise in compliance with this article;
(ii)
That the installation only stores spent nuclear fuel from the advanced nuclear reactors or other high
‑
level radioactive waste associated with the manufacturing and refurbishing process on the site of the advanced nuclear reactor manufacturing facility after first meeting all requirements of the United States nuclear regulatory commission.
(d)
The provisions of the Industrial Development Information and Siting Act, W.S. 35
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12
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101 through 35
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12
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119, shall apply only to the extent that those provisions do not interfere with, contradict or duplicate any requirements of the United States nuclear regulatory commission.
(e)
The operator of each installation shall send to the department copies of all publicly available reports, notifications and violations sent to or from the United States nuclear regulatory commission or the operator of the installation as soon as practicable but not later than five (5) days after the operator sends or receives the report. The operator shall also transmit all information required under this subsection to emergency management departments of the local governments where the installation is located and shall make the information available on a public website.
(f)
Any spent nuclear fuel in storage at an installation shall remain the property of the advanced nuclear reactor manufacturer until the spent nuclear fuel is transferred to permanent storage or until the United States or a federal agency takes title to the spent nuclear fuel under the federal Nuclear Waste Policy Act or other applicable federal law.
(g)
This article shall be construed to avoid duplication and to avoid interference with any of the requirements of the United States nuclear regulatory commission. Nothing in this article shall be deemed to affect the authority of the United States nuclear regulatory commission.
Section 2.
W.S. 35
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11
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103(a)(xiii), 35
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11
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1501(a)(iii) and 35
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11
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1506(e)(i)(A) are amended to read:
35
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11
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103.
Definitions.
(a)
For the purpose of this act, unless the context otherwise requires:
(xiii)
"This act" means W.S. 35
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11
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101 through 35
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11
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403, 35
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11
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405, 35
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11
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406, 35
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11
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408 through 35
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11
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1106, 35
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11
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1414 through 35
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11
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1432, 35
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11
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1601 through 35
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11
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1613, 35
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11
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1701, 35
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11
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1801 through 35
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11
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1803, 35
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11
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2001 through 35
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11
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2004
,
and
35
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11
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2101
, 35
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11
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2201 and 35
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11
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2202
.
35
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11
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1501.
Definitions.
(a)
As used in this article:
(iii)
"High
‑
level radioactive waste storage facility" includes any facility for high
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level radioactive waste storage, other than a permanent repository operated by a federal agency pursuant to the Nuclear Waste Policy Act of 1982, as amended. "High
‑
level radioactive waste storage facility" includes an independent spent fuel storage installation as defined in title 10 of the Code of Federal Regulations part 72 section 3
. "High
‑
level radioactive waste storage facility" shall not include a facility owned or operated by an advanced nuclear reactor manufacturer for the storage of spent nuclear fuel or other high
‑
level radioactive waste associated with the manufacturing and refurbishing process that is regulated under W.S. 35
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11
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2201 and 35
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11
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2202
;
35
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11
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1506.
Legislative approval of the siting of high
‑
level radioactive waste storage facilities; conditions.
(e)
The legislature hereby authorizes the siting of temporary high
‑
level radioactive waste storage facilities within this state subject to the following:
(i)
A facility is authorized if:
(A)
It is operated on the site of and to store the high
‑
level radioactive waste or spent nuclear fuel produced by a nuclear power generation facility operating within the state
or retrieved or accepted by an advanced nuclear reactor manufacturer as defined by W.S. 35
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11
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2201(a)(i) for storage on the site of the manufacturer
;
Section 3.
The environmental quality council, upon recommendation from the department of environmental quality, shall promulgate all rules necessary to implement this act.
Section 4
.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2025
.
(b)
Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0186