For purposes of section
38, the advanced nuclear power facility production credit of any taxpayer for any taxable year is equal to the product of—
(1)1.8 cents, multiplied by
(2)the kilowatt hours of electricity—
(A)produced by the taxpayer at an advanced nuclear power facility during the 8-year period beginning on the date the facility was originally placed in service, and
(B)sold by the taxpayer to an unrelated person during the taxable year.
(b) National limitation
(1) In general
The amount of credit which would (but for this subsection and subsection (c)) be allowed with respect to any facility for any taxable year shall not exceed the amount which bears the same ratio to such amount of credit as—
(A)the national megawatt capacity limitation allocated to the facility, bears to
(B)the total megawatt nameplate capacity of such facility.
(2) Amount of national limitation
The aggregate amount of national megawatt capacity limitation allocated by the Secretary under paragraph (3) shall not exceed 6,000 megawatts.
(3) Allocation of limitation
The Secretary shall allocate the national megawatt capacity limitation in such manner as the Secretary may prescribe.
Not later than 6 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations shall provide a certification process under which the Secretary, after consultation with the Secretary of Energy, shall approve and allocate the national megawatt capacity limitation.
(c) Other limitations
(1) Annual limitation
The amount of the credit allowable under subsection (a) (after the application of subsection (b)) for any taxable year with respect to any facility shall not exceed an amount which bears the same ratio to $125,000,000 as—
(A)the national megawatt capacity limitation allocated under subsection (b) to the facility, bears to
(2) Phaseout of credit
(A) In general
The amount of the credit determined under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as—
(i)the amount by which the reference price (as defined in section
45(e)(2)(C)) for the calendar year in which the sale occurs exceeds 8 cents, bears to
(B) Phaseout adjustment based on inflation
The 8 cent amount in subparagraph (A) shall be adjusted by multiplying such amount by the inflation adjustment factor (as defined in section
45(e)(2)(B)) for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.
(d) Advanced nuclear power facility
For purposes of this section—
(1) In general
The term “advanced nuclear power facility” means any advanced nuclear facility—
(A)which is owned by the taxpayer and which uses nuclear energy to produce electricity, and
(B)which is placed in service after the date of the enactment of this paragraph and before January 1, 2021.
(2) Advanced nuclear facility
For purposes of paragraph (1), the term “advanced nuclear facility” means any nuclear facility the reactor design for which is approved after December 31, 1993, by the Nuclear Regulatory Commission (and such design or a substantially similar design of comparable capacity was not approved on or before such date).
(e) Other rules to apply
Rules similar to the rules of paragraphs (1), (3), (4), and (5) of section
45(e) shall apply for purposes of this section.
The date of the enactment of this section and the date of the enactment of this paragraph, referred to in subsecs. (b)(4) and (d)(1)(B), are the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005.
2007—Subsec. (b)(2). Pub. L. 110–172reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The national megawatt capacity limitation shall be 6,000 megawatts.”
2005—Subsec. (c)(2). Pub. L. 109–135, § 402(d)(1), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “Rules similar to the rules of section
45(b)(1) shall apply for purposes of this section.”
Amendment by Pub. L. 110–172effective as if included in the provisions of the Energy Policy Act of 2005, Pub. L. 109–58, to which such amendment relates, see section 6(e) ofPub. L. 110–172, set out as a note under section
30C of this title.
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–135effective as if included in the provision of the Energy Policy Act of 2005, Pub. L. 109–58, to which such amendment relates, see section 402(m)(1) ofPub. L. 109–135, set out as a note under section
36C of this title.
Section applicable to production in taxable years beginning after Aug. 8, 2005, see section 1306(d) ofPub. L. 109–58, set out as an Effective Date of 2005 Amendment note under section
38 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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