II 109th CONGRESS 1st Session S. 1381 IN THE SENATE OF THE UNITED STATES July 12, 2005 Mr. Corzine introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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 before any relicensing of that facility.

1.

Short title

This Act may be cited as the Oyster Creek Nuclear Generating Station Relicensing Act of 2005.

2.

Findings

Congress finds that— (1)the Oyster Creek Nuclear Generating Station, which has been in operation for more than 35 years, is the oldest nuclear facility in the United States; (2)as of the date of enactment of this Act, more than 3,500,000 people reside within a 50-mile radius of the Station; (3)nuclear power facilities have been identified as targets for terrorist attacks; (4)it is necessary to assess the safety, performance, and reliability of the oldest operating reactor in the United States; and (5)an independent assessment of the Station will help in determining whether the Station can continue to maintain adequate levels of safety.

3.

Definitions

In this Act: (1)

Commission

The term Commission means the Nuclear Regulatory Commission. (2)

Station

The term Station means the Oyster Creek Nuclear Generating Station.

4.

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: e.In determining whether to approve an application for relicensing, the Commission shall evaluate the facility with respect to— (1)the health risks, vulnerability to terrorist attack, evacuation plans, surrounding population increases, ability to store nuclear waste, and safety and security record of the facility; and (2)the impact of a nuclear accident at the facility. .

5.

Independent assessment of Station

(a)

In general

The Commission shall not relicense the Station until— (1)a date that is not earlier than 90 days after the date on which the Commission receives the report described in subsection (b); and (2)the Commission has given appropriate consideration to the recommendations in the report. (b)

Assessment by National Academy of Sciences

The Commission shall enter into an agreement with the National Academy of Sciences to submit to the Commission a report that includes, with respect to the Station— (1)an independent assessment of safety performance; and (2)recommendations with respect to— (A)whether the Station should be relicensed by the Commission; and (B)conditions for relicensing the Station. (c)

Inclusions

In preparing the report under subsection (b), the National Academy of Sciences, in accordance with any applicable regulations issued by the Commission, shall— (1)provide an independent assessment of whether the Station conforms to the design and licensing bases of the Station, including appropriate reviews at the site and corporate offices of the Station; (2)provide an independent assessment of the operational safety performance of the Station, including an identification of risk factors, as the National Academy of Sciences determines to be appropriate; (3)provide an independent assessment of— (A)the health risks, vulnerability to terrorist attack, evacuation plans, surrounding population increases, ability to store nuclear waste, and safety and security record of the Station; and (B)the impact of a nuclear accident at the Station; (4)evaluate the effectiveness of licensee self-assessments, corrective actions, and improvement plans at the Station; (5)determine any cause of a safety problem at the Station; (6)assess the overall performance of the Station; and (7)assess, and provide recommendations regarding, the optimal life expectancy of— (A)the Station; and (B)nuclear facilities that are similar in design to the Station, as determined by the National Academy of Sciences. (d)

Access

The Chairperson of the Commission shall issue such regulations as are necessary to ensure appropriate access to the National Academy of Sciences to carry out this section, as determined by the Chairperson. (e)

Report

Not later than 180 days after the date of enactment of this Act, the Commission shall submit to Congress the report of the National Academy of Sciences described in subsection (b).