[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 994 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 994

To require the Nuclear Regulatory Commission to conduct an Independent 
          Safety Assessment of the Indian Point Energy Center.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2007

Mr. Hall of New York (for himself, Mr. Hinchey, Mr. Engel, Mrs. Lowey, 
and Mr. Shays) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Nuclear Regulatory Commission to conduct an Independent 
          Safety Assessment of the Indian Point Energy Center.

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

SECTION 1. INDEPENDENT SAFETY ASSESSMENT.

    Not later than 6 months after the date of enactment of this Act, 
the Nuclear Regulatory Commission shall transmit to the Congress a 
report containing the results of--
            (1) a focused, in-depth Independent Safety Assessment of 
        the design, construction, maintenance, and operational safety 
        performance of the systems at the Indian Point Energy Center, 
        Units 2 and 3, located in Westchester County, New York, 
        including the systems described in section 2; and
            (2) a comprehensive evaluation of the radiological 
        emergency plan for Indian Point Energy Center, Units 2 and 3, 
        conducted by the Nuclear Regulatory Commission and the 
        Department of Homeland Security, which shall include--
                    (A) a detailed explanation of the factual basis 
                upon which the Nuclear Regulatory Commission and the 
                Federal Emergency Management Agency relied in--
                            (i) approving the radiological emergency 
                        plan; and
                            (ii) making subsequent annual findings of 
                        reasonable assurance that the plan will 
                        adequately protect the public in the event of 
                        an emergency, beginning on July 25, 2003 and 
                        continuing to the present;
                    (B) a detailed response to each of the criticisms 
                of the radiological emergency plan contained in the 
                Review of Emergency Preparedness of Areas Adjacent to 
                Indian Point and Millstone, published by James Lee Witt 
                Associates on January 10, 2003; and
                    (C) a detailed explanation of what criteria the 
                Nuclear Regulatory Commission and Department of 
                Homeland Security use in determining whether or not 
                reasonable assurance can be provided that the 
                radiological emergency plan is adequate to protect 
                public health and safety, including what threshold 
                figures of injuries and fatalities these agencies 
                consider acceptable or tolerable in the event of a 
                nuclear accident.

SEC. 2. SYSTEMS.

    The systems referred to in section 1(1) are the following:
            (1) The reactor protection system.
            (2) The control room ventilation system and the containment 
        ventilation system.
            (3) The 4.16 kv electrical system.
            (4) The condensate system.
            (5) The spent fuel storage systems.

SEC. 3. INDEPENDENT SAFETY ASSESSMENT TEAM.

    The Independent Safety Assessment conducted at Indian Point Nuclear 
Power Plant shall be conducted by an Independent Safety Assessment Team 
with 25 members, comprised of--
            (1) 16 members from the Nuclear Regulatory Commission who 
        are unaffiliated with the Nuclear Regulatory Commission Region 
        1 office or the Nuclear Regulatory Commission Office of Nuclear 
        Reactor Regulation;
            (2) 6 independent contractors with no history of having 
        worked for or at the Indian Point Energy Center or any other 
        nuclear power plant owned or operated by Entergy Corporation;
            (3) the President of New York State Energy and Research 
        Development Authority or his designee;
            (4) the Director of the Bureau of Hazardous Waste and 
        Radiation Management, in the Division of Solid and Hazardous 
        Materials of the New York State Department of Environmental 
        Conservation, or his designee; and
            (5) a New York State-appointed independent contractor with 
        experience in system engineering and no history of affiliation 
        with any nuclear power plant owned by Entergy Corporation.

SEC. 4. INDEPENDENT SAFETY ASSESSMENT MONITORING.

    The Independent Safety Assessment conducted at Indian Point Nuclear 
Energy Center shall be monitored by--
            (1) an Independent Safety Assessment Observation Group 
        comprised of 4 officials appointed by the State of New York; 
        and
            (2) an Independent Safety Assessment Citizens' Review Team 
        comprised of 5 individuals appointed by the State of New York, 
        with one resident from each Emergency Planning Zone county 
        (Westchester, Rockland, Putnam, and Orange) appointed in 
        consultation with the respective County Executive.
The Independent Safety Assessment Observation Group and Independent 
Safety Assessment Citizens' Review Team shall frequently provide 
publicly available updates on the progress and conduct of the 
Independent Security Assessment to the Governor of New York.

SEC. 5. INDEPENDENT SAFETY ASSESSMENT MODEL.

    The Independent Safety Assessment conducted at Indian Point Energy 
Center shall be equal in scope, depth, and breadth to the Independent 
Safety Assessment of the Maine Yankee Nuclear Power Plant, located near 
Bath, Maine, conducted by the Nuclear Regulatory Commission in 1996.

SEC. 6. INCORPORATION INTO RELICENSING PROCESS.

    The final decision by the Nuclear Regulatory Commission as to 
whether to renew the operating licenses for Unit 2 or Unit 3 at the 
Indian Point Energy Center shall not be made until--
            (1) the Nuclear Regulatory Commission has fully entered the 
        complete report and findings of the Independent Safety 
        Assessment into the administrative record of the license 
        renewal proceeding for Unit 2 and Unit 3 at the Indian Point 
        Energy Center; and
            (2) the applicant has fully accepted and implemented all 
        findings and recommendations of the Independent Safety 
        Assessment, including--
                    (A) undertaking all recommended repairs;
                    (B) replacement of safety-related equipment;
                    (C) changes to monitoring plans; and
                    (D) revision of the radiological emergency 
                preparedness plans as called for in the report.
The applicant shall not be allowed to operate the reactors past the 
expiration date of its current operating licenses for Unit 2 and Unit 3 
through administrative license renewals or any other means prior to 
meeting the requirements in paragraph (1) and paragraph (2) of this 
section.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Nuclear Regulatory 
Commission to carry out this Act $10,000,000 for fiscal year 2008, to 
remain available until expended.
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