[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5032 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5032

   To require the Nuclear Regulatory Commission to consider certain 
   criteria in relicensing nuclear facilities, and to provide for an 
 independent assessment of the Oyster Creek Nuclear Generating Station 
 by the National Academy of Sciences prior to any relicensing of that 
                               facility.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2004

  Mr. Saxton introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To require the Nuclear Regulatory Commission to consider certain 
   criteria in relicensing nuclear facilities, and to provide for an 
 independent assessment of the Oyster Creek Nuclear Generating Station 
 by the National Academy of Sciences prior to any relicensing of that 
                               facility.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL FINDINGS.

    The Congress finds the following:
            (1) The Oyster Creek Nuclear Generating Station, operating 
        for over 35 years, is the oldest nuclear facility in the 
        country.
            (2) More than 3,500,000 people now reside within a 50-mile 
        radius of Oyster Creek.
            (3) Nuclear power plants have been identified as inviting 
        targets for terrorist attacks.
            (4) It is necessary to assess the safety, performance, and 
        reliability of the Nation's oldest operating reactor.
            (5) An independent assessment will help in determining if 
        the plant can continue to maintain adequate levels of safety.

SEC. 2. RELICENSING CRITERIA FOR NUCLEAR FACILITIES.

    Section 182 of the Atomic Energy Act of 1954 (42 U.S.C. 2232) is 
amended by adding at the end the following new subsection:
    ``e. In determining whether to approve an application for 
relicensing, the Commission shall evaluate the facility with respect to 
health risks, vulnerability to terrorist attack, evacuation plans, 
population increases, ability to store nuclear waste, safety and 
security record, and the impact of a nuclear accident.''.

SEC. 3. INDEPENDENT ASSESSMENT OF OYSTER CREEK NUCLEAR GENERATING 
              STATION.

    (a) In General.--The Nuclear Regulatory Commission shall not 
relicense the Oyster Creek Nuclear Generating Station until--
            (1) at least 90 days have expired after it has transmitted 
        under subsection (e) the recommendations from the National 
        Academy of Sciences; and
            (2) it has given appropriate consideration to those 
        recommendations.
    (b) Assessment by National Academy of Sciences.--The Nuclear 
Regulatory Commission shall enter into an arrangement with the National 
Academy of Sciences to provide, with respect to the Oyster Creek 
Nuclear Generating Station, an independent assessment of safety 
performance along with recommendations for relicensing and relicensing 
conditions.
    (c) Functions.--Pursuant to guidelines provided by the Nuclear 
Regulatory Commission, the National Academy of Sciences shall--
            (1) provide an independent assessment of the conformance of 
        Oyster Creek Nuclear Generating Station to its design and 
        licensing bases, including appropriate reviews at the site and 
        corporate offices;
            (2) provide an independent assessment of operational safety 
        performance, identifying risk factors where appropriate;
            (3) provide an independent assessment of health risks, 
        vulnerability to terrorist attack, evacuation plans, population 
        increases, ability to store nuclear waste, safety and security 
        record, and the impact of a nuclear accident;
            (4) evaluate the effectiveness of licensee self-
        assessments, corrective actions, and improvement plans; and
            (5) determine the cause or causes of safety problems and 
        assess overall performance.
    (d) Access.--The Nuclear Regulatory Commission shall issue such 
orders as are necessary to ensure appropriate access for the National 
Academy of Sciences to carry out this section.
    (e) Report.--Not later than 180 days after the date of enactment of 
this Act, the Nuclear Regulatory Commission shall transmit to the 
Congress the report received from the National Academy of Sciences 
under this section.
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