1.Independent safety
assessmentsSection 103 of the
Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended by inserting after
subsection d. the following:
e.Independent
safety assessments
(1)Not later than 90 days after the date of enactment of
this subsection, the Nuclear Regulatory Commission (referred to in this
subsection as the Commission
) shall develop an independent
safety assessment procedure.
(2)
(A)Definition of
eligible requestorIn this paragraph, the term eligible
requestor means—
(i)a
Governor of a State in which a facility of a licensee is located;
(ii)a public utility
commission of a State in which a facility of a licensee is located; and
(iii)a Governor of a
State that—
(I)because of
dangers to the public relating to potential ingestion of water or foods that
have been contaminated with radiation from a commercial nuclear power plant, is
located in an emergency planning zone, as defined in section 350.2 of title 44,
Code of Federal Regulations (or a successor regulation); and
(II)is not the same
State in which the facility of the licensee is located.
(B)
(i)At the request of an eligible requestor, the Commission
shall conduct an independent safety assessment in accordance with the
independent safety assessment procedure developed under paragraph (1) if the
licensee has—
(I)applied to the
Commission for—
- (aa)an
extension of the operating license of the licensee; or
- (bb)approval of an
extended power uprate for the licensee; or
(II)during any
5-year period, received, under the reactor oversight process of the Commission,
2 or more greater-than-green inspection findings.
(ii)The Commission shall conduct an assessment requested
by an eligible requestor under clause (i) not later than 18 months after the
date on which the eligible requestor requested the assessment.
(3)
(A)In conducting an independent safety assessment under
paragraph (2)(B), the Commission shall inspect the design, construction,
maintenance, and operational safety performance of the facility of the
licensee.
(B)An inspection of a facility of a licensee conducted
under subparagraph (A) shall—
(i)be at least equal
in scope, depth, and breadth to the independent safety assessment conducted in
1996 by the Commission of the Maine Yankee Nuclear Power Plant, located in
Wiscasset, Maine; and
(ii)include an
examination of the systems of the facility of the licensee, including—
(I)the reactor
containment systems;
(II)the reactor
emergency core cooling systems;
(III)the control
room and containment ventilation systems;
(IV)the electrical
system (including testing of relevant transients);
(V)the condensate
and feedwater systems;
(VI)the spent fuel
storage systems;
(VII)any other
system requested by the Governor of the State, or a public utility commission
of the State, in which the facility of the licensee is located; and
(VIII)any other
system identified by a majority of the members of an inspection team described
in paragraph (4).
(4)
(A)An independent safety assessment conducted under
paragraph (2)(B) shall be conducted by an inspection team.
(B)An
inspection team shall be composed of not less than 25 members, of whom—
(i)not less than 16
members shall be—
(I)employees of the
Commission; and
(II)unaffiliated
with the regional office of the Commission in the region in which the facility
of the licensee is located;
(ii)not less than 6
members shall be independent contractors who have not worked for, or at—
(I)the facility of
the licensee; or
(II)any other
nuclear power plant owned or operated by the owner or operator of the facility
of the licensee; and
(iii)not less than 3
members shall be appointed by the eligible requestor.
(5)
(A)Preparation of
preliminary reportNot later than 90 days after the date on which
an inspection team completes an independent safety assessment of a facility of
a licensee under paragraph (2)(B), the inspection team shall prepare a
preliminary report describing the findings and recommendations of the
inspection team.
(B)Availability of
preliminary reportFor a period of 90 days beginning on the date
on which the inspection team completes a preliminary report prepared under
subparagraph (A), the inspection team shall make available for review and
comment by the public a copy of the preliminary report.
(C)Consideration
of commentsIn preparing a final version of a preliminary report
developed under subparagraph (A), the inspection team shall take into
consideration any comments received from the public that are appropriate, as
determined by the inspection team.
(D)Submission of
final versionNot later than 90 days after the date on which the
period of review and public comment ends under subparagraph (B), the inspection
team shall submit to the Commission a final version of the preliminary report
developed under subparagraph (A).
(6)Affect on
licensing actionsA final decision by the Commission of whether
to extend an operating license, approve an extended power uprate, or continue
to operate under a license at a facility of a licensee assessed under paragraph
(2)(B) shall not be made until the later of the date on which—
(A)the Commission
has completed the independent safety assessment of the facility of the
licensee; and
(B)the licensee has
fully accepted and implemented each finding and recommendation of the report
approved by the Commission relating to the independent safety assessment of the
facility of the licensee submitted under paragraph (5)(D).
(7)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subsection $10,000,000 for each of fiscal years 2008 through 2012, to
remain available until
expended.
.