U.S. Code » Title 42 » Chapter CHAPTER 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Division Division B— United States Enrichment Corporation › Subchapter SUBCHAPTER VII— DECONTAMINATION AND DECOMMISSIONING

42 U.S.C. § 2297g

Uranium Enrichment Decontamination and Decommissioning Fund

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(a) Establishment

There is established in the Treasury of the United States an account to be known as the Uranium Enrichment Decontamination and Decommissioning Fund (referred to in this subchapter as the “Fund”). The Fund, and any amounts deposited in it, including any interest earned thereon, shall be available to the Secretary subject to appropriations for the exclusive purpose of carrying out this subchapter.

(b) Administration(1) In general

The Secretary of the Treasury shall hold the Fund and, after consultation with the Secretary, annually report to the Congress on the financial condition and operations of the Fund during the preceding fiscal year.

(2) InvestmentsThe Secretary of the Treasury shall invest amounts contained within the Fund in obligations of the United States—(A) having maturities determined by the Secretary of the Treasury to be appropriate for what the Department determines to be the needs of the Fund; and(B) bearing interest at rates determined to be appropriate by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to these obligations.(Aug. 1, 1946, ch. 724, title II, § 1801, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2953.)
Notes of Decisions
Cited in 13 cases, 1995–2005 · leading case: Commonwealth Edison Co. v. United States, 271 F.3d 1327 (Fed. Cir. 2001).
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Commonwealth Edison Co. v. United States, 271 F.3d 1327 (Fed. Cir. 2001). · cites it 2× “See 42 U.S.C. § 2297g 1. After argument before a panel on April 4, 2001, we sua sponte ordered that the case be heard in banc without additional briefing.”
Commonwealth Edison Co. v. United States, 46 Fed. Cl. 29 (Fed. Cl. 2000). · cites it 2× “Plaintiffs complaint alleges that a special assessment imposed by the Energy Policy Act of 1992, 42 U.S.C. § 2297g et seq., is unlawful as either effectuating a taking or an illegal exaction.”
Barsebäck Kraft AB v. United States, 121 F.3d 1475 (Fed. Cir. 1997). “Stated otherwise, Congress changed the government’s pricing strategy from one based on recovering just its costs to one aimed at “profit maximization.”
Dist. of Columbia v. United States, 67 Fed. Cl. 292 (Fed. Cl. 2005). “At the heart of the suit was a dispute over payments required from nuclear power utilities under the Energy Policy Act of 1992, 42 U.S.C. § 2297g (EPACT). Id. at 1380-81.”
Barseback Kraft AB v. United States, 36 Fed. Cl. 691 (Fed. Cl. 1996). · cites it 2× “42 U.S.C. § 2297g (1994). The D & D Fund was established to pay “[t]he costs of all decontamination and decommissioning activities of the Department * * * until such time as the Secretary certifies and the Congress concurs, by law, that such activities are complete.”
Consol. Edison Co. of New York, Inc. v. United States, 247 F.3d 1378 (Fed. Cir. 2001). · cites it 2× “Con Ed’s suit challenged the constitutionality of the Energy Policy Act of 1992 (EPACT), 42 U.S.C. § 2297g (1994), on due process and takings grounds.”
Yankee Atomic Elec. Co. v. United States, 33 Fed. Cl. 580 (Fed. Cl. 1995). “(This amendment is now codified at 42 U.S.C. § 2297g.) The Act further provided that contributions to the fund, amounting to $480,000,000 annually, were to come from two sources: up to $150,000,000 annually was to be collected by “special assessment” from domestic utilities; the…”
Florida Power & Light Co. v. United States, 41 Fed. Cl. 477 (Fed. Cl. 1998). “The D & D Fund was established to pay “[t]he costs of all decontamination and decommissioning activities of the Department [of Energy] * * * until such time as the Secretary certifies and the Congress concurs, by law, that such activities are complete.”
Carolina Power & Light Co. v. United States, 48 Fed. Cl. 35 (Fed. Cl. 2000). “42 U.S.C. § 2297g. Under the challenged provision of EPACT, the cost of the D & D fund is shared between the government and domestic utilities that purchased enriched uranium prior to October 24, 1992, either directly from the government or through third parties.”
Florida Power & Light Co. v. United States, 49 Fed. Cl. 656 (Fed. Cl. 2001). “See 42 U.S.C. § 2297g(a). That fund was created to pay “[t]he costs of all decontamination and decommissioning activities of [DOE],” 42 U.”
Consol. Edison Co. of New York v. United States, 45 F. Supp. 2d 331 (S.D.N.Y. 1999). “Plaintiffs seek declaratory and injunctive relief in challenging the constitutionality of certain provisions of the Energy Policy Act of 1992 (“EPACT”), 42 U.S.C. § 2297g, et seq. Defendants have moved, pursuant to 28 U.”
Florida Power & Light Co. v. United States, 198 F.3d 1358 (Fed. Cir. 1999). “See 42 U.S.C. § 2297g(a) (1994). That fund was established to pay, among other things, “[t]he costs of all decontamination and decommissioning activities of [DOE] .”
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— 42 U.S.C. § 2297g(a) — 4 cases
Barseback Kraft AB v. United States, 36 Fed. Cl. 691 (Fed. Cl. 1996). “42 U.S.C. § 2297g (1994). The D & D Fund was established to pay “[t]he costs of all decontamination and decommissioning activities of the Department * * * until such time as the Secretary certifies and the Congress concurs, by law, that such activities are complete.”
Florida Power & Light Co. v. United States, 41 Fed. Cl. 477 (Fed. Cl. 1998). “The D & D Fund was established to pay “[t]he costs of all decontamination and decommissioning activities of the Department [of Energy] * * * until such time as the Secretary certifies and the Congress concurs, by law, that such activities are complete.”
Florida Power & Light Co. v. United States, 49 Fed. Cl. 656 (Fed. Cl. 2001). “See 42 U.S.C. § 2297g(a). That fund was created to pay “[t]he costs of all decontamination and decommissioning activities of [DOE],” 42 U.”
Florida Power & Light Co. v. United States, 198 F.3d 1358 (Fed. Cir. 1999). “See 42 U.S.C. § 2297g(a) (1994). That fund was established to pay, among other things, “[t]he costs of all decontamination and decommissioning activities of [DOE] .”
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