[Congressional Record Volume 152, Number 24 (Wednesday, March 1, 2006)]
[Senate]
[Pages S1581-S1582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. OBAMA (for himself and Mr. Durbin):
  S. 2348. A bill to amend the Atomic Energy Act of 1954 to require a 
licensee to notify the Atomic Energy Commission, and the State and 
county in which a facility is located, whenever there is an unplanned 
release of fission products in excess of allowable limits; to the 
Committee on Environment and Public Works.
  Mr. OBAMA. Mr. President, less than 2 months ago, it was announced by 
Exelon Nuclear that an environmental monitoring program discovered 
higher than normal concentrations of tritium in the groundwater near 
the Nuclear Generating Station in Braidwood, IL.
  Indications are that this tritium plume is the result of an 
accidental radioactive wastewater release that occurred approximately 6 
to 8 years ago, and now the tritiated water has migrated underground 
into several drinking wells of nearby residents.
  While most of the issues associated with this situation are still 
under investigation, one issue is clear. Community residents, 
particularly the State and local officials responsible for the safety 
and health of their constituents, did not receive full or immediate 
notification of this contamination--either from Exelon, or the Nuclear 
Regulatory Commission, NRC, the Federal agency with oversight over 
nuclear plant operations.
  I was surprised to learn, that while Federal law requires State and 
local officials to be notified immediately upon a ``declared 
emergency,'' Federal law does not require State and local officials to 
be notified of any other accidental, unplanned, or unintentional 
radioactive substance releases that may occur if those releases do not 
immediately rise to a public health or safety threat. And while those 
incidents must be documented with the NRC and made available to the 
public, accessing that information is contingent upon the public and 
State and local officials actually knowing that these incidents ever 
occurred.
  When radioactive substances are released into the environment outside 
of normal operating procedures, notifying State and local officials 
should not be a courtesy; it should be the law.

[[Page S1582]]

  That's why today I am introducing the Nuclear Release Notice Act of 
2006, a bill designed to expand the public's right to know when 
radioactive substances are released from a reactor. Specifically, the 
bill is designed to accomplish the following: (1) to ensure that the 
licensees notify State and local officials at the same time the NRC is 
notified regarding unplanned incidents that occur at local nuclear 
power plants; (2) to add State and local reporting requirements not 
just on incidents regarding fissionable material releases, but on all 
unplanned radioactive substance releases that are outside of normal 
operating limits; (3) to add State and local reporting requirements 
when releases exceed not just NRC limits for normal operation, but also 
when they exceed other Federal limits and standards for groundwater and 
other types of contamination; (4) to ensure than any repeat unplanned 
releases of radioactive substances--even if within allowable limits--
that occur more than twice within 2 years are reported to State, local 
and NRC officials--so that we all know when poor maintenance, 
malfunctions of poor design are going unfixed; and (5) to provide that 
violations of this provision could result in the revocation of the 
operating license of the licensee.
  As energy demand throughout the Nation increases in the coming 
decades, we will be challenged in how best to meet these consumption 
demands without sacrificing the environment. That means using all of 
our energy resources fully and wisely, including wind, solar, and other 
important renewable power-generating resources.
  Moreover, as Congress considers policies to address air quality and 
the deleterious effects of carbon emission's on the global ecosystem, 
it is reasonable--and realistic--for nuclear power to remain on the 
table for consideration. Illinois has 11 nuclear power plants--the most 
of any State in the country--and nuclear power provides more than half 
of Illinois' electricity needs.
  The people of Illinois--and all residents who live near nuclear power 
plants--have a right to know when actions are taken that might affect 
their safety and well-being. This bill furthers this commonsense goal, 
and I urge my colleagues to support it.
                                 ______