[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2388 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2388

To amend the Atomic Energy Act of 1954 to provide for consultation with 
   State, tribal, and local governments, the consideration of State, 
     tribal, and local concerns, and the approval of post-shutdown 
     decommissioning activities reports by the Nuclear Regulatory 
                              Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2018

Mr. Sanders (for himself, Ms. Harris, Mr. Markey, and Mrs. Gillibrand) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Atomic Energy Act of 1954 to provide for consultation with 
   State, tribal, and local governments, the consideration of State, 
     tribal, and local concerns, and the approval of post-shutdown 
     decommissioning activities reports by the Nuclear Regulatory 
                              Commission.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Plant Decommissioning Act of 
2018''.

SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

    (a) In General.--Chapter 10 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the 
following:

``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

    ``a. Definitions.--In this section:
            ``(1) Affected state.--The term `affected State' means--
                    ``(A) the host State of a covered facility; and
                    ``(B) each State located within 50 miles of a 
                covered facility.
            ``(2) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(3) Covered facility.--The term `covered facility' means 
        a facility of a licensee for which a PSDAR is required.
            ``(4) Host state.--The term `host State' means the State in 
        which a covered facility is located.
            ``(5) License; licensee.--The terms `license' and 
        `licensee' have the meanings given the terms in section 50.2 of 
        title 10, Code of Federal Regulations (or successor 
        regulations).
            ``(6) PSDAR.--The term `PSDAR' means a post-shutdown 
        decommissioning activities report submitted to the Commission 
        and affected States under section 50.82(a)(4)(i) of title 10, 
        Code of Federal Regulations (or successor regulations).
            ``(7) Transferee.--The term `transferee' means an entity to 
        which a licensee proposes to transfer a license for a covered 
        facility.
            ``(8) Tribal government.--The term `tribal government' 
        means the governing body of an Indian tribe (as defined in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304)).
    ``b. Consultation Required.--Notwithstanding any other provision of 
law (including regulations), a licensee may not submit to the 
Commission a proposed PSDAR, or transfer to another entity the license, 
for a covered facility until the licensee and the transferee, if 
applicable, conduct consultation regarding the development of the 
proposed PSDAR or the proposed license transfer, as applicable, with--
            ``(1) each affected State; and
            ``(2) each unit of State government or tribal government 
        that--
                    ``(A) is located in an affected State; and
                    ``(B) has jurisdiction over land located within 50 
                miles of the covered facility.
    ``c. Submission to Commission; Additional Consultation.--
            ``(1) In general.--After carrying out the consultation 
        required under subsection b. with respect to a proposed PSDAR 
        or transfer of a license for a covered facility, the licensee 
        shall--
                    ``(A) submit to the Commission, as applicable--
                            ``(i) the proposed PSDAR; or
                            ``(ii) an application for transfer of a 
                        license; and
                    ``(B) subject to paragraph (3), make the proposed 
                PSDAR or application for transfer of a license, as 
                applicable, available to the public.
            ``(2) Public availability.--On receipt of a proposed PSDAR 
        or notice of a proposed license transfer under paragraph 
        (1)(A), the Commission shall, subject to paragraph (3), make 
        the proposed PSDAR or application for transfer of a license, as 
        applicable, available to the public.
            ``(3) Exclusion of certain information.--In making a 
        proposed PSDAR or application for transfer of a license, as 
        applicable, available to the public under paragraph (1)(B) or 
        (2), the Commission or the licensee, as applicable, may redact 
        such information as the Commission or the licensee, as 
        applicable, determines to be necessary to protect--
                    ``(A) trade secrets and commercial or financial 
                information under section 552(b)(4) of title 5, United 
                States Code; or
                    ``(B) national security.
    ``d. Public Participation.--For a period of not less than 90 days 
beginning on the date on which a licensee submits a proposed PSDAR to 
the Commission under subsection c. (1)(A) or the date on which the 
Commission dockets an application for transfer of a license under 
section 2.101 of title 10, Code of Federal Regulations (or successor 
regulations), as applicable, the Commission shall solicit in the host 
State public comments regarding the proposed PSDAR or notice of 
proposed license transfer, including through--
            ``(1) the solicitation of written comments; and
            ``(2) the conduct of not fewer than 2 public meetings.
    ``e. Support, Conditional Support, or Nonsupport by Host State.--
            ``(1) In general.--Not later than 60 days after the date of 
        receipt of a proposed PSDAR or the date on which the Commission 
        dockets an application for transfer of a license under section 
        2.101 of title 10, Code of Federal Regulations (or successor 
        regulations), as applicable, for a covered facility, the 
        Commission shall notify the host State of the opportunity to 
        file with the Commission, by the date that is 60 days after the 
        date on which the host State receives the notification--
                    ``(A) a statement of support for the proposed PSDAR 
                or license transfer;
                    ``(B) a statement of conditional support for the 
                proposed PSDAR or license transfer, together with 
                specific recommendations for changes that could lead 
                the host State to support the proposed PSDAR or license 
                transfer; or
                    ``(C) a statement of nonsupport for the proposed 
                PSDAR or license transfer.
            ``(2) Statement of support or nonsupport; failure to 
        submit.--
                    ``(A) In general.--If the host State files with the 
                Commission a statement of support under paragraph 
                (1)(A) or a statement of nonsupport under paragraph 
                (1)(C), or fails to file a statement with the 
                Commission by the deadline specified in paragraph (1), 
                the Commission shall issue a determination regarding 
                whether the proposed PSDAR is adequate or inadequate or 
                a determination regarding whether to provide consent 
                for the proposed license transfer, as applicable--
                            ``(i) based on the considerations described 
                        in subparagraph (B); and
                            ``(ii) after taking into consideration--
                                    ``(I) any written comments 
                                submitted by the host State, other 
                                affected States, and local communities 
                                with respect to the proposed PSDAR or 
                                license transfer; and
                                    ``(II) any input from the public 
                                under subsection d.
                    ``(B) Considerations.--The Commission shall 
                consider a proposed PSDAR or license transfer to be 
                adequate under subparagraph (A) if the Commission 
                determines that--
                            ``(i) the proposed PSDAR or license 
                        transfer provides for--
                                    ``(I) the overall protection of 
                                human health and the environment; and
                                    ``(II) adequate protection to the 
                                health and safety of the public and the 
                                common defense and security;
                            ``(ii) the licensee (and, if applicable, 
                        the transferee) has a substantial likelihood of 
                        implementing the proposed PSDAR or license 
                        transfer within the timeframe described in the 
                        proposed PSDAR or license transfer application;
                            ``(iii) the proposed PSDAR or license 
                        transfer is in accordance with applicable law 
                        (including regulations); and
                            ``(iv) the licensee (and, if applicable, 
                        the transferee) has demonstrated that the 
                        licensee has, or will have, the funds required 
                        to fully implement the proposed PSDAR or 
                        license transfer within the timeframe described 
                        in the proposed PSDAR or license transfer 
                        application, based on--
                                    ``(I) a comprehensive radiological 
                                site assessment and characterization; 
                                and
                                    ``(II) a nonradiological site 
                                assessment and characterization 
                                conducted by the host State.
                    ``(C) Determination of adequacy.--Subject to 
                paragraph (4), if the Commission determines that a 
                proposed PSDAR or license transfer is adequate under 
                subparagraphs (A) and (B), the Commission shall issue a 
                decision document approving the PSDAR or license 
                transfer.
                    ``(D) Determination of inadequacy.--If the 
                Commission determines that a proposed PSDAR or license 
                transfer is inadequate under subparagraphs (A) and 
                (B)--
                            ``(i) the Commission shall issue a decision 
                        document rejecting the proposed PSDAR or 
                        license transfer, including a description of 
                        the reasons for the decision, by the applicable 
                        deadline under paragraph (4); and
                            ``(ii) not later than 2 years after the 
                        date of cessation of operations at the 
                        applicable covered facility, the licensee shall 
                        develop and submit to the Commission a new 
                        proposed PSDAR or license transfer in 
                        accordance with this section.
            ``(3) Conditional support by host state.--
                    ``(A) In general.--In any case in which the host 
                State files with the Commission a statement of 
                conditional support of a proposed PSDAR or license 
                transfer under paragraph (1)(B), the Commission shall 
                determine whether the proposed PSDAR or license 
                transfer is permissible under applicable law (including 
                regulations).
                    ``(B) Changes.--Notwithstanding the adequate 
                protection of public health and safety or the common 
                defense and security, for each change recommended by 
                the host State under paragraph (1)(B), the Commission 
                shall--
                            ``(i) provide for the inclusion of the 
                        change into the final PSDAR or license 
                        transfer, unless the Commission determines the 
                        change to be inappropriate for inclusion, based 
                        on clear and convincing evidence that--
                                    ``(I) the change violates 
                                applicable law; or
                                    ``(II) the total costs of the 
                                change substantially outweigh the 
                                safety, economic, or environmental 
                                benefits of the change to the host 
                                State; and
                            ``(ii) if applicable, provide the rationale 
                        for each determination of inappropriateness 
                        under clause (i).
                    ``(C) Decision document.--
                            ``(i) In general.--Subject to paragraph 
                        (4), based on the determinations made under 
                        subparagraphs (A) and (B), the Commission shall 
                        issue a decision document relating to a 
                        proposed PSDAR or license transfer that, as 
                        applicable--
                                    ``(I) approves the proposed PSDAR 
                                or license transfer with any changes 
                                recommended by the host State that are 
                                not determined to be inappropriate 
                                under subparagraph (B); or
                                    ``(II) rejects the proposed PSDAR 
                                or license transfer.
                            ``(ii) Applicable law.--A decision document 
                        issued under clause (i) or subparagraph (C) or 
                        (D)(i) of paragraph (2) shall be considered to 
                        be a final order entered in a proceeding under 
                        section 189 a.
                    ``(D) Treatment on approval.--On approval by the 
                Commission of a proposed PSDAR or license transfer 
                under subparagraph (C)(i)(I) or paragraph (2)(C)--
                            ``(i) the PSDAR or approval of the license 
                        transfer by the Commission shall be final; and
                            ``(ii) the licensee may begin 
                        implementation of the PSDAR.
                    ``(E) Rejection.--If the Commission rejects a 
                proposed PSDAR or license transfer under subparagraph 
                (C)(i)(II), not later than 2 years after the date of 
                cessation of operations at the applicable covered 
                facility, the licensee shall develop and submit to the 
                Commission a new proposed PSDAR or license transfer in 
                accordance with this section.
            ``(4) Deadline for decision document.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Commission shall issue a decision document 
                relating to a proposed PSDAR or license transfer under 
                subparagraph (C) or (D)(i) of paragraph (2) or 
                paragraph (3)(C)(i) by not later than 1 year after the 
                date on which the proposed PSDAR or an application for 
                transfer of a license, as applicable, is submitted to 
                the Commission under subsection c. (1)(A).
                    ``(B) Proposed intermediate license transfers.--
                            ``(i) Definition of proposed intermediate 
                        license transfer.--In this subparagraph, the 
                        term `proposed intermediate license transfer' 
                        means a proposed transfer of license--
                                    ``(I) for a covered facility on 
                                behalf of which a proposed PSDAR has 
                                been submitted by the licensee to the 
                                Commission under subsection c. 
                                (1)(A)(i); and
                                    ``(II) the notice of which is 
                                submitted to the Commission under 
                                subsection c. (1)(A)(ii) before the 
                                applicable deadline under subparagraph 
                                (A) for the issuance by the Commission 
                                of a decision document relating to the 
                                proposed PSDAR described in subclause 
                                (I).
                            ``(ii) Deadline.--Subject to subparagraph 
                        (C), in any case in which a licensee submits to 
                        the Commission a notice of a proposed 
                        intermediate license transfer of a covered 
                        facility, the Commission shall issue a decision 
                        document relating to the proposed PSDAR of the 
                        covered facility by not later than 1 year after 
                        the date of receipt of the application for 
                        transfer of a license.
                    ``(C) Extension.--If there are unforeseen 
                circumstances, including unexpected technical issues, 
                site-specific characteristics, or other external 
                factors that could affect the ability of the Commission 
                to issue a decision document by a deadline specified in 
                subparagraph (A) or (B)(ii), the Commission may extend 
                the applicable deadline for a reasonable period of 
                time, as determined by the Commission.
    ``f. Additional Requirements.--
            ``(1) Action by transferees.--On transfer of a license for 
        a covered facility by a licensee to a transferee in accordance 
        with this section, the transferee shall conduct consultation in 
        accordance with subsection b. with respect to each proposed 
        PSDAR developed by the transferee for the covered facility.
            ``(2) State environmental law compliance.--Notwithstanding 
        any other provision of this section, the Commission shall not 
        approve a proposed PSDAR or license transfer under this section 
        unless the proposed PSDAR or license transfer for a covered 
        facility includes a requirement that the licensee and the 
        transferee, if applicable, shall comply with applicable State 
        law relating to air, water, or soil quality or radiological 
        standards with respect to the implementation of the proposed 
        PSDAR or license transfer in any case in which the applicable 
        State law is more restrictive than an applicable Federal law.
    ``g. Application to Existing Decommissioning Activities.--
            ``(1) In general.--The Commission shall notify--
                    ``(A) each licensee or transferee, if applicable, 
                of the opportunity to develop and submit to the 
                Commission for approval a revised PSDAR for any covered 
                facility of the licensee for which, as of the date of 
                enactment of this section--
                            ``(i) decontamination and dismantlement 
                        activities described in the PSDAR have not 
                        commenced at the covered facility; or
                            ``(ii) decontamination and dismantlement 
                        activities described in the PSDAR have been 
                        commenced at the covered facility for a period 
                        of less than 5 years; and
                    ``(B) each affected State with respect to a covered 
                facility described in subparagraph (A) of the 
                opportunity to consult with a licensee or transferee 
                described in that subparagraph in accordance with 
                subsection b.
            ``(2) Process.--
                    ``(A) In general.--Except as provided in paragraphs 
                (3) and (4), if a licensee or transferee described in 
                paragraph (1)(A) elects to submit to the Commission a 
                revised PSDAR under that paragraph, the process for 
                consideration and approval of the revised PSDAR shall 
                be carried out in accordance with--
                            ``(i) the process for consideration and 
                        approval of a proposed PSDAR for a covered 
                        facility under subsections b., c., d., and f.; 
                        and
                            ``(ii) the process for support, conditional 
                        support, or nonsupport by the host State under 
                        subsection e.
                    ``(B) Nonselection.--If a licensee or transferee 
                described in paragraph (1)(A) elects not to revise an 
                original PSDAR under that paragraph, the host State may 
                file a statement of support, conditional support, or 
                nonsupport for the original PSDAR in accordance with 
                the process for support, conditional support, or 
                nonsupport by a host State under subsection e.
            ``(3) Decision document.--A decision document for a revised 
        PSDAR submitted under paragraph (1)(A), or for an original 
        PSDAR in any case in which the licensee or transferee elects 
        not to revise the original PSDAR, shall be issued in accordance 
        with subparagraph (C) or (D)(I) of subsection e. (2) or 
        subsection e. (3)(C), as applicable, except that the Commission 
        shall issue the decision document by the date that is 1 year 
        after the date on which the applicable decontamination and 
        dismantlement activities commence at the applicable covered 
        facility.
            ``(4) Revision after determination of inadequacy.--If the 
        Commission rejects a revised PSDAR submitted by a licensee or 
        transferee under paragraph (1)(A) in accordance with subsection 
        e. (2)(D) or subsection e. (3)(E), the licensee or transferee 
        shall develop and submit to the Commission a new revised PSDAR 
        in accordance with this subsection by not later than 2 years 
        after the date of the rejection.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--The Atomic Energy Act of 1954 is amended--
                    (A) in section 103 (42 U.S.C. 2133)--
                            (i) in subsection d., in the second 
                        sentence, by striking ``any any'' and inserting 
                        ``any''; and
                            (ii) by redesignating subsection f. as 
                        subsection e.; and
                    (B) in section 111 (42 U.S.C. 2141), by striking 
                the section designation and all that follows through 
                ``The Nuclear'' in subsection a. and inserting the 
                following:

``SEC. 111. LICENSING BY NUCLEAR REGULATORY COMMISSION OF DISTRIBUTION 
              OF CERTAIN MATERIALS BY DEPARTMENT OF ENERGY.

    ``a. The Nuclear''.
            (2) Table of contents.--The table of contents of the Atomic 
        Energy Act of 1954 (68 Stat. 919; 126 Stat. 2216) is amended by 
        striking the items relating to chapter 10 of title I and 
        inserting the following:

                  ``Chapter 10. Atomic Energy Licenses

``Sec. 101. License required.
``Sec. 102. Utilization and production facilities for industrial or 
                            commercial purposes.
``Sec. 103. Commercial licenses.
``Sec. 104. Medical therapy and research and development.
``Sec. 105. Antitrust provisions.
``Sec. 106. Classes of facilities.
``Sec. 107. Operators' licenses.
``Sec. 108. War or national emergency.
``Sec. 109. Component and other parts of facilities.
``Sec. 110. Exclusions.
``Sec. 111. Licensing by Nuclear Regulatory Commission of distribution 
                            of certain materials by Department of 
                            Energy.
``Sec. 112. Domestic medical isotope production.
``Sec. 113. Post-shutdown decommissioning activities reports.''.
                                 <all>