Efficient Nuclear Licensing Hearings Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4288 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4288

 To amend the Atomic Energy Act of 1954 to provide for more efficient 
 hearings on nuclear facility construction applications, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2024

Mr. Scott of South Carolina (for himself and Mr. Coons) 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 more efficient 
 hearings on nuclear facility construction applications, 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 ``Efficient Nuclear Licensing Hearings 
Act''.

SEC. 2. UPDATING HEARING PROCEDURES.

    (a) Hearings and Judicial Review.--Section 189 a. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2239(a)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``In any proceeding under this 
                Act'' and inserting the following:
    ``(i) In any proceeding under this Act''; and
                    (B) in clause (i) (as so designated), by striking 
                ``The Commission shall hold a hearing'' and all that 
                follows through ``upon a determination by the 
                Commission that the amendment involves no significant 
                hazards consideration.'' and inserting the following:
    ``(ii) The Commission may, in the absence of a request for a 
hearing by any person whose interest may be affected, issue a 
construction permit, an operating license, a combined construction 
permit and operating license, an amendment to a construction permit, an 
amendment to an operating license, or an amendment to a combined 
construction permit and operating license under section 103, 104 b., 
104 c., or 185 b. for a facility or a testing facility, without a 
hearing, but upon thirty days notice and publication once in the 
Federal Register of its intent to do so. The Commission may dispense 
with such thirty days notice and publication with respect to any 
application for an amendment to a construction permit, an amendment to 
an operating license, or an amendment to a combined construction permit 
and operating license upon a determination by the Commission that the 
amendment involves no significant hazards consideration.
    ``(iii) The Commission shall use informal adjudicatory procedures 
for any hearing held by the Commission pursuant to this 
subparagraph.'';
            (2) in paragraph (1)(B)(iv)--
                    (A) by inserting ``informal'' before ``hearing 
                procedures''; and
                    (B) by striking ``, whether informal or formal 
                adjudicatory,''; and
            (3) in the second sentence of paragraph (2)(A), by striking 
        ``required hearing'' and inserting ``hearing held by the 
        Commission under this section''.
    (b) Construction Permits and Operating Licenses.--Section 185 b. of 
the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)) is amended by 
striking ``After holding a public hearing under section 189 a. 
(1)(A),'' and inserting ``After the thirty days notice and publication 
period or holding a hearing, as applicable, under section 189 a. 
(1)(A),''.
    (c) Licensing of Uranium Enrichment Facilities.--Section 193(b) of 
the Atomic Energy Act of 1954 (42 U.S.C. 2243(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``on the record''; and
                    (B) by inserting ``if a person whose interest may 
                be affected by such construction and operation has 
                requested a hearing regarding the licensing of the 
                construction and operation of the facility'' after 
                ``and 63''; and
            (2) in paragraph (2), by striking ``Such hearing'' and 
        inserting ``If a hearing is held under paragraph (1), the 
        hearing''.
    (d) Applicability.--The amendments made by this section shall apply 
to all applications and proceedings pending before the Nuclear 
Regulatory Commission on or after the date of enactment of this 
section.
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