[Congressional Record Volume 153, Number 54 (Wednesday, March 28, 2007)]
[Senate]
[Pages S4054-S4055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANDERS:
  S. 1008. A bill to amend the Atomic Energy Act of 1954 to improve and 
strengthen the safety inspection process of nuclear facilities; to the 
Committee on Environment and Public Works.
  Mr. SANDERS. Mr. President, today I am introducing legislation that 
would provide greater assurance to the citizens of our Nation that 
their elected officials will do everything within their power to 
provide the highest levels of safety at nuclear facilities. The bill 
does this by allowing certain State officials to request that the 
United States Nuclear Regulatory Commission (NRC) conduct an 
independent safety assessment at key times in the life of a reactor. I 
ask that the full text of the bill be printed in the Record.
  Too often we have found that the NRC has been uninterested in the 
legitimate concerns of national and State legislators who have 
requested greater safety oversight, especially at problem-plagued 
nuclear plants. In some instances, safety violations of the highest 
level have been allowed to continue, undetected, for years before 
discovery. Citizens deserve to have some greater assurance that when a 
plant has reached what was the intended end of its useful life and has 
applied for a license extension--another few decades of operating 
life--or when a plant seeks an ``uprate''--an increase in power output 
from what it was permitted previously--or when there have been 
significant safety problems, that a facility will get a thorough review 
to protect the public safety. Without this bill, the public will 
continue to worry.
  Under the legislation I am introducing, State officials would be able 
to request that a special Independent Safety Assessment Team be 
assembled to thoroughly review the safety of plants that meet the 
criteria listed in

[[Page S4055]]

this bill. The team would be composed of individuals selected by the 
NRC and the requesting Governor or State public utilities commission to 
insure greater balance and independence on the Team. The Team's report 
would make recommendations on safety features that should be improved 
before additional licensing requests and other operational matters are 
favorably acted upon.
  My legislation offers a simple and fair solution to a technical 
problem faced by citizens across the Nation and I encourage my 
colleagues to join me to ensure greater safety at our nuclear 
facilities.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1008

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

     SECTION 1. INDEPENDENT SAFETY ASSESSMENTS.

       Section 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) Development of procedure.--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) Conduct of assessment.--
       ``(A) Definition of eligible requestor.--In 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) Request of assessment.--
       ``(i) In general.--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) Conduct of assessment.--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) Inspection of facility.--
       ``(A) In general.--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) Scope of inspection.--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) Inspection teams.--
       ``(A) In general.--An independent safety assessment 
     conducted under paragraph (2)(B) shall be conducted by an 
     inspection team.
       ``(B) Composition.--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) Report.--
       ``(A) Preparation of preliminary report.--Not 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 report.--For 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 comments.--In 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 version.--Not 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 actions.--A 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 appropriations.--There 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.''.
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