Nuclear Licensing Efficiency Act
This bill revises the permitting and licensing process for nuclear production or utilization facilities.
The Nuclear Regulatory Commission must follow specified procedures when reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a nuclear production or utilization facility.
The Government Accountability Office must study and report on the effects of eliminating mandatory hearings for uncontested licensing and construction permit applications under the Atomic Energy Act of 1954.
The bill revises the composition of the Advisory Committee on Reactor Safeguards, and provides specific timelines for the committee to complete its review for a construction permit or an operating license for a nuclear facility.
The bill also places a limit on the amount of annual fees that may be charged to a nuclear fuel facility, with specified exceptions.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7406 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7406
To streamline nuclear technology regulatory permitting and licensing,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2020
Mr. Kinzinger introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To streamline nuclear technology regulatory permitting and licensing,
and for other purposes.
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 Licensing Efficiency Act''.
SEC. 2. STREAMLINING APPLICATION AND SITE PERMIT REVIEWS.
Section 185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is
amended by adding at the end the following:
``c. Application Reviews for Nuclear Energy Projects.--
``(1) Streamlining license application review.--With
respect to an application that is docketed seeking issuance of
a construction permit, operating license, or combined
construction permit and operating license for a production or
utilization facility, the Commission shall include the
following procedures:
``(A) Undertake an environmental review process and
issue any draft environmental impact statement to the
maximum extent practicable within 24 months after the
application is accepted for docketing.
``(B) Complete the technical review process and
issue any safety evaluation report and any final
environmental impact statement to the maximum extent
practicable within 42 months after the application is
accepted for docketing.
``(2) Early site permit.--
``(A) Supplemental environmental impact
statement.--In a proceeding for a combined construction
permit and operating license for a site for which an
early site permit has been issued, any environmental
impact statement prepared by the Commission and
cooperating agencies shall be prepared as a supplement
to the environmental impact statement prepared for the
early site permit.
``(B) Incorporation by reference.--The supplemental
environmental impact statement shall--
``(i) incorporate by reference the
analysis, findings, and conclusions from the
environmental impact statement prepared for the
early site permit; and
``(ii) include additional discussion,
analyses, findings, and conclusions on matters
resolved in the early site permit proceeding
only to the extent necessary to address
information that is new and significant in that
the information would materially change the
prior findings or conclusions.
``(3) Production or utilization facility located at an
existing site.--In reviewing an application for an early site
permit, construction permit, operating license, or combined
construction permit and operating license for a production or
utilization facility located at the site of a licensed
production or utilization facility, the Commission shall, to
the extent practicable, use information that was part of the
licensing basis of the licensed production or utilization
facility.
``(4) Regulations.--The Commission shall initiate a
rulemaking, not later than 1 year after the date of enactment
of this subsection, to amend the regulations of the Commission
to implement this subsection.
``(5) Environmental impact statement defined.--In this
subsection, the term `environmental impact statement' means a
detailed statement required under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
``(6) Relationship to other law.--Nothing in this
subsection exempts the Commission from any requirement for full
compliance with section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
SEC. 3. UPDATING HEARING PROCEDURES.
(a) Informal Hearing Procedures.--Section 189 a. of the Atomic
Energy Act of 1954 (42 U.S.C. 2239(a)) is amended by adding at the end
the following:
``(3) The Commission may use informal adjudicatory procedures for
any hearing required under this section for which the Commission
determines that adjudicatory procedures under section 554 of title 5,
United States Code, are unnecessary.''.
(b) Study on the Impact of the Elimination of Mandatory Hearing for
Uncontested Licensing Applications.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General shall transmit
to Congress a report containing the results of a study on the effects
of eliminating the hearings required under section 189 a. of the Atomic
Energy Act of 1954 (42 U.S.C. 2239(a)) for an application under section
103 or section 104 b. of such Act for a construction permit for a
facility in the absence of a request of any person whose interest may
be affected by the proceeding.
SEC. 4. EFFICIENCY OF ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.
(a) Committee Composition.--Section 29 of the Atomic Energy Act of
1954 (42 U.S.C. 2039) is amended by inserting ``The Commission shall
seek to include a diversity of disciplines and operational experiences
when appointing members of the Committee.'' after ``four years each.''.
(b) License Applications.--Section 182 b. of the Atomic Energy Act
of 1954 (42 U.S.C. 2232(b)) is amended by adding at the end the
following: ``If the Commission determines referral of an application to
the Committee is necessary, the Committee shall initiate a review of
the application not later than 30 days after receiving such referral,
and shall submit a report thereon under this subsection not later than
180 days after initiating such review.''.
SEC. 5. UPDATING NUCLEAR REGULATORY COMMISSION USER FEES AND CHARGES.
Section 102(b)(3)(B) of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439) is amended--
(1) by redesignating clause (ii) as clause (iii);
(2) by inserting after clause (i) the following:
``(ii) Fuel facilities.--
``(I) In general.--The total annual
charges under subparagraph (A) charged
to fuel facility licensees, to the
maximum extent practicable, shall not
exceed an amount that is equal to the
total annual fees collected from the
fuel facilities class under the final
rule of the Commission entitled
`Revision of Fee Schedules; Fee
Recovery for Fiscal Year 2016' (81 Fed
Reg. 41171 (June 24, 2016)), which
amount may be adjusted annually by the
Commission to reflect changes in the
Consumer Price Index published by the
Bureau of Labor Statistics of the
Department of Labor.
``(II) Exception.--Subclause (I)
shall not apply if the number of
licensed facilities classified by the
Commission as fuel facilities exceeds
seven.
``(III) Changes to annual
charges.--Any change in an annual
charge under subparagraph (A) charged
to a fuel facility licensee shall be
based on--
``(aa) a change in the
regulatory services provided
with respect to the fuel
facility; or
``(bb) an adjustment
described in subclause (I).'';
and
(3) in clause (iii), as redesignated by paragraph (1) of
this section, by striking ``clause (i)'' and inserting ``clause
(i) or (ii)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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