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136 STAT. 1930 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(ii) the amount equal to 16 percent of the excess of— ‘‘(I) subject to subparagraph (B), the gross receipts from any electricity produced by such facility (including any electricity services or prod- ucts provided in conjunction with the electricity produced by such facility) and sold to an unrelated person during such taxable year, over ‘‘(II) the amount equal to the product of— ‘‘(aa) 2.5 cents, multiplied by ‘‘(bb) the amount determined under sub- section (a)(1)(B). ‘‘(B) TREATMENT OF CERTAIN RECEIPTS.— ‘‘(i) IN GENERAL.—Subject to clause (iii), the amount determined under subparagraph (A)(ii)(I) shall include any amount received by the taxpayer during the taxable year with respect to the qualified nuclear power facility from a zero-emission credit program. For purposes of determining the amount received during such taxable year, the taxpayer shall take into account any reductions required under such program. ‘‘(ii) ZERO-EMISSION CREDIT PROGRAM.—For pur- poses of this subparagraph, the term ‘zero-emission credit program’ means any payments with respect to a qualified nuclear power facility as a result of any Federal, State or local government program for, in whole or in part, the zero-emission, zero-carbon, or air quality attributes of any portion of the electricity produced by such facility. ‘‘(iii) EXCLUSION.—For purposes of clause (i), any amount received by the taxpayer from a zero-emission credit program shall be excluded from the amount determined under subparagraph (A)(ii)(I) if the full amount of the credit calculated pursuant to subsection (a) (determined without regard to this subparagraph) is used to reduce payments from such zero-emission credit program. ‘‘(3) ELECTRICITY.—For purposes of this section, the term ‘electricity’ means the energy produced by a qualified nuclear power facility from the conversion of nuclear fuel into electric power. ‘‘(c) OTHER RULES.— ‘‘(1) INFLATION ADJUSTMENT.—The 0.3 cent amount in sub- section (a)(1)(A) and the 2.5 cent amount in subsection (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), as applied by substituting ‘calendar year 2023’ for ‘calendar year 1992’ in subparagraph (B) thereof) for the calendar year in which the sale occurs. If the 0.3 cent amount as increased under this paragraph is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. If the 2.5 cent amount as increased under this paragraph is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ‘‘(2) SPECIAL RULES.—Rules similar to the rules of para- graphs (1), (3), (4), and (5) of section 45(e) shall apply for purposes of this section. Applicability. Determination. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00114 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw