Nuclear Plant Decommissioning Act of 2014 - Amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee, after consulting each affected state and local governments, to develop and submit to the NRC a post-shutdown decommissioning activities report (PSDAR) for any of the licensee's shutdown facilities for which a PSDAR is required.
Requires the NRC to: (1) solicit written comments on the proposed PSDAR from the public and conduct at least two public hearings in the facility's host state; and (2) invite the host state to file a statement of support, of conditional support with specific recommendations for changes, or of nonsupport for the proposed PSDAR.
Directs the NRC, after receiving the state's statement of support or nonsupport, to determine whether the proposed PSDAR is adequate or inadequate on the basis of specified considerations, and issue a decision of approval or disapproval, as appropriate.
Prescribes requirements for determining whether a proposed PSDAR is permissible if the host state files a statement of conditional support.
Requires a licensee to develop and submit a new proposed PSDAR if the first one is rejected.
Prohibits the NRC from approving a proposed PSDAR unless it includes a requirement that the licensee comply with state law relating to air, water, or soil quality or radiological standards if they are more restrictive than federal law.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2326 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2326
To amend the Atomic Energy Act of 1954 to provide for consultation with
State and local governments, the consideration of State and local
concerns, and the approval of post-shutdown decommissioning activities
reports by the Nuclear Regulatory Commission.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2014
Mr. Sanders (for himself, Mrs. Boxer, and Mr. Markey) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Atomic Energy Act of 1954 to provide for consultation with
State and local governments, the consideration of State and local
concerns, and the approval of post-shutdown decommissioning activities
reports by the Nuclear Regulatory Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Plant Decommissioning Act of
2014''.
SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2131 et seq.) is amended by adding at the end the following:
``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
``(a) Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State that is within 50 miles of a
covered facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Host state.--The term `host State' means the State in
which a covered facility is located.
``(5) Licensee.--The term `licensee' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or any successor regulation).
``(6) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or any successor regulation).
``(b) Development; Initial Consultation.--A licensee shall develop
a proposed PSDAR for a covered facility after consultation with--
``(1) each affected State; and
``(2) each unit of local government and tribal government
in the affected State that is located within 50 miles of the
covered facility.
``(c) Submission to Commission; Additional Consultation.--
``(1) In general.--After additional consultation with the
entities described in subsection (b) with respect to the
proposed PSDAR developed under that subsection, the licensee
shall--
``(A) submit to the Commission the proposed PSDAR;
and
``(B) on submission of the proposed PSDAR under
subparagraph (A), make the proposed PSDAR readily
available to the public.
``(2) Public availability.--On receipt of the proposed
PSDAR under paragraph (1), the Commission shall make the
proposed PSDAR readily available to the public.
``(d) Public Participation.--During a period of at least 90 days
beginning on the date on which the licensee submits the proposed PSDAR
to the Commission under subsection (c), the Commission shall solicit
public participation on the proposed PSDAR in the host State, including
through--
``(1) the solicitation of written comments from the public;
and
``(2) the conduct of at least 2 public hearings within the
host State.
``(e) Support or Nonsupport by Host State.--
``(1) In general.--Not later than 60 days after the receipt
of a proposed PSDAR for a covered facility, the Commission
shall invite the host State to file with the Commission, by the
date that is 60 days after the date on which the host State
receives the invitation under this paragraph--
``(A) a statement of support for the proposed
PSDAR;
``(B) a statement of conditional support for the
proposed PSDAR, with specific recommendations for
changes that could lead the host State to support the
proposed PSDAR; or
``(C) a statement of nonsupport for the proposed
PSDAR.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files a
statement of support under paragraph (1)(A), a
statement of nonsupport under paragraph (1)(C), or
fails to file a statement with the Commission by the
deadline specified in paragraph (1), the Commission
shall issue a determination on whether the proposed
PSDAR is adequate or inadequate--
``(i) based on the considerations described
in subparagraph (B); and
``(ii) after taking into account--
``(I) any written comments
submitted by the host State, other
States, and local communities with
respect to the proposed PSDAR; and
``(II) any input from the public
under subsection (d).
``(B) Considerations.--The Commission shall
consider a proposed PSDAR to be adequate under
subparagraph (A) if the Commission determines that--
``(i) the proposed PSDAR provides for the
overall protection of human health and the
environment;
``(ii) the licensee has a substantial
likelihood of implementing the proposed PSDAR
within the timeframe described in the proposed
PSDAR;
``(iii) the proposed PSDAR is in accordance
with applicable law (including regulations);
and
``(iv) the licensee has proactively
demonstrated that the licensee has, or will
have, the funds required to fully implement the
proposed PSDAR within the timeframe described
in the proposed PSDAR.
``(C) Determination of adequacy.--If the Commission
determines that the proposed PSDAR is adequate under
subparagraph (A), the Commission shall issue a decision
document approving the PSDAR.
``(D) Determination of inadequacy.--If the
Commission determines that the proposed PSDAR is
inadequate under subparagraph (A)--
``(i) the Commission shall issue a decision
rejecting the proposed PSDAR, including the
reasons for the decision; and
``(ii) the licensee shall develop and
submit to the Commission a new proposed PSDAR
in accordance with this section.
``(3) Conditional support by host state.--
``(A) In general.--The Commission shall determine
whether the proposed PSDAR is permissible under
applicable law (including regulations) if the host
State files a statement of conditional support for the
proposed PSDAR with the Commission in accordance with
paragraph (1)(B).
``(B) Changes.--For each change recommended by the
host State under paragraph (1)(B), the Commission
shall--
``(i) provide for the inclusion of the
change into the final PSDAR, unless the
Commission determines the change to be
inappropriate for inclusion, based on clear and
convincing evidence provided by the licensee
that--
``(I) the change violates
applicable law; or
``(II) the costs of the change
substantially outweigh the safety,
economic, or environmental benefits of
the change to the host State; and
``(ii) provide the rationale for a
determination of inappropriateness under clause
(i).
``(C) Decision document.--
``(i) In general.--Based on the
determinations made under subparagraphs (A) and
(B), the Commission shall issue a decision
document that--
``(I) accepts the proposed PSDAR
with any changes recommended by the
host State that are not determined to
be inappropriate under subparagraph
(B); or
``(II) rejects the proposed PSDAR.
``(ii) Applicable law.--A decision document
issued under clause (i) shall be considered to
be a final order entered in a proceeding under
section 189(a).
``(D) Acceptance.--If the Commission approves the
proposed PSDAR under subparagraph (C)(i)(I)--
``(i) the PSDAR is final; and
``(ii) the licensee may begin
implementation of the PSDAR.
``(E) Rejection.--If the Commission rejects the
proposed PSDAR under subparagraph (C)(i)(II), the
licensee shall develop and submit to the Commission a
new proposed PSDAR in accordance with this section.
``(f) Additional Requirement.--Notwithstanding any other provision
of this section, a Commission shall not approve a PSDAR under this
section unless the proposed PSDAR includes a requirement that the
licensee comply with applicable State law relating to air, water, or
soil quality or radiological standards with respect to the
implementation of the proposed PSDAR if the applicable State law is
more restrictive than the applicable Federal law.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line