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.

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.

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.

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.

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.

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.

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.