[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1165 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1165

    To provide for judicial review of Nuclear Regulatory Commission 
decisions on petitions for enforcement actions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 25 (legislative day, June 22), 1993

  Mr. Lieberman (for himself and Mr. Baucus) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
    To provide for judicial review of Nuclear Regulatory Commission 
decisions on petitions for enforcement actions, 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 referred to as the ``Nuclear Enforcement 
Accountability Act of 1993''.

SEC. 2. ENFORCEMENT PETITIONS AND JUDICIAL REVIEW.

    Section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) is 
amended by adding at the end the following new subsection:
    ``d. Enforcement Petitions.--
            ``(1) In general.--Any person may petition the Nuclear 
        Regulatory Commission to institute a proceeding to modify, 
        suspend, or revoke a license, or for such other action as may 
        be proper.
            ``(2) Standards for granting.--The Commission shall grant 
        any request under paragraph (1) if the petitioner demonstrates 
        material evidence reasonably indicating that--
                    ``(i) the holder of the license with respect to 
                which a request has been made under paragraph (1) is in 
                significant noncompliance with the terms of the 
                license, this chapter, or the Commission's regulations, 
                or
                    ``(ii) the activities of the license present a 
                substantial hazard to the public health and safety or 
                common defense and security.
            ``(3) Judicial review.--Any Commission order denying a 
        request under this subsection shall be subject to judicial 
        review in accordance with chapter 158 of title 28, United 
        States Code, and chapter 7 of title 5, United States Code.''.

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