[Senate Report 109-347]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 637
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-347

======================================================================



 
                   NUCLEAR RELEASE NOTICE ACT OF 2006

                                _______
                                

               September 25, 2006.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 2348]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2348) to amend the Atomic Energy Act of 
1954 to require a licensee to notify the Nuclear Regulatory 
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, having considered the 
same, with an amendment in the nature of a substitute, reports 
favorably thereon and recommends that the bill, as amended, do 
pass.

                    General Statement and Background

    U.S. nuclear power plants release various radioactive 
materials to the environment, predominately in the form of 
water and air emissions, during normal operation. Generally, 
such releases occur under controlled, monitored conditions that 
meet limits established by the Nuclear Regulatory Commission 
(the NRC or the Commission) to protect public health and 
safety.
    During the 109th Congress, the NRC identified several 
instances of unintended, abnormal water releases from nuclear 
plants containing the radioactive elements tritium and 
strontium-90. From January 2005 to August 2006, such releases 
were reported to affect groundwater at operating and 
decommissioning plants in at least six states: Arizona, 
California, Connecticut, Illinois, Missouri, and New York. Some 
reactors experienced several releases over an extended time 
period, resulting in tritium concentrations in groundwater at 
the plant site and in off-site wells. Such releases also raised 
concern among local governments regarding the need for 
additional disclosure.
    On March 10, 2006, the NRC formed an ad-hoc Liquid 
Radioactive Release Task Force to review unintended releases of 
radioactive liquids containing tritium from U.S. commercial 
nuclear power plants. Pursuant to its charter, this Task Force 
will review each of these events, identify the cause, evaluate 
any potential impact on public health and safety, examine the 
remediation plans of affected nuclear power plants, and report 
regarding any required actions to the Commission by the end of 
2006. On May 9, 2006, the nuclear industry announced a 
voluntary policy to enhance detection, management and reporting 
of radiological releases to groundwater that are below federal 
standards at nuclear power plants.
    In the interest of assuring a continued and strengthened 
federal commitment to disclosure of unintended radiological 
releases, S. 2348 amends the Atomic Energy Act of 1954 to 
require a rulemaking on such releases from nuclear power 
plants. Specifically, this legislation would mandate that the 
NRC conduct a rulemaking within 2 years of the date of 
enactment to requiring nuclear plant licensees to notify the 
governments of the State and county in which the civilian 
nuclear power facility is located in the event of unintended, 
abnormal releases to the environment of quantities of fission 
products or other radioactive substances. This legislation 
allows the NRC, through its rulemaking process, to work with 
State and county officials in developing notification 
procedures that best suit local government information needs.

                     Objectives of the Legislation

    S. 2348 directs the Commission to promulgate regulations, 
within 2 years of the date of enactment, requiring nuclear 
plant licensees to notify the governments of the State and 
county in which a civilian nuclear power facility is located in 
the event of any release to the environment of quantities of 
fission products or other radioactive substances. This bill 
also directs NRC to consider a number of factors in developing 
the regulations.

                          Legislative History

    On March 1, 2006, the bill was received, read twice and 
referred to the Senate Committee on Environment and Public 
Works. The Committee met on September 13, 2006, to consider the 
bill with an amendment in the nature of a substitute offered by 
Senators Inhofe, Obama and Jeffords. The Inhofe-Obama-Jeffords 
amendment was adopted by unanimous consent. S. 2348, as 
amended, was ordered favorably reported by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    This Act may be cited as the ``Nuclear Release Notice Act 
of 2006.''

Sec. 2. Nuclear release notice requirement

    This section directs NRC to promulgate regulations, within 
2 years of the date of enactment, requiring nuclear plant 
licensees to notify the governments of the State and county in 
which the civilian nuclear power facility is located in the 
event of any release to the environment of quantities of 
fission products or other radioactive substances.
    In the case of unplanned releases that exceed allowable 
federal limits, the NRC is directed to consider: requiring 
notice to State and county governments within 24 hours, if such 
releases aren't already subject to more stringent reporting 
requirements; and requiring notice when radiation enters into 
the environment and may cause drinking water sources to exceed 
a maximum contaminant level established by the U.S. 
Environmental Protection Agency for radioactive substances 
under the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
    In the case of unplanned releases within allowable federal 
limits that reach the environment by a path otherwise not 
allowed or recognized by the plant's operating license, the NRC 
is directed to consider: any recommendations issued by the 
Liquid Radioactive Release Lessons Learned Task Force; the 
frequency and form of notification; and the threshold, volume, 
and radiation content that trigger notification to State and 
county governments.

                                Hearings

    No committee hearings were held specifically on S. 2348 in 
the 109th Congress. In response to questions from Senator Obama 
at the March 9, 2006 Subcommittee on Clean Air, Climate Change 
and Nuclear Safety Oversight Hearing on the Nuclear Regulatory 
Commission, the NRC provided additional information on tritium 
releases at nuclear plants and its view on S. 2348. In 
addition, during an Oversight Hearing on the Regulatory 
Processes for New and Existing Nuclear Plants also held by the 
Subcommittee on Clean Air, Climate Change and Nuclear Safety on 
June 22, 2006, the Committee received testimony on S. 2348. 
Witnesses included: Nils J. Diaz, Chairman, U.S. Nuclear 
Regulatory Commission; Edward McGaffigan, Jr., Commissioner, 
U.S. Nuclear Regulatory Commission; Jeffrey S. Merrifield, 
Commissioner, U.S. Nuclear Regulatory Commission, Gregory B. 
Jaczko, Commissioner, U.S. Nuclear Regulatory Commission; and 
Peter B. Lyons, Commissioner, U.S. Nuclear Regulatory 
Commission.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2348 on September 13, 2006. The bill was amended by 
an Inhofe-Obama-Jeffords substitute amendment, adopted by 
unanimous consent. The bill was ordered favorably reported by 
voice vote. No rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2348 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2348 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Due to time constraints the Congressional Budget Office 
estimate was not included in the report when received by the 
committee, it will appear in the Congressional Record at a 
later time.

                ADDITIONAL VIEWS OF SENATOR BARACK OBAMA

    In December 2005, Exelon Nuclear issued a public 
announcement that tritium-contaminated water had leaked onto 
the ground at the Braidwood nuclear plant in Will County, 
Illinois--at least twice--from the pipeline that carries 
process water into the Kankakee River. Both events had occurred 
between six and eight years ago, measured up to three million 
gallons in both instances, and were unknown to the public until 
the press release last winter. Tritiated water was later 
discovered to have migrated into at least one drinking well 
beyond the Braidwood site boundaries.
    In addition, leaks were discovered at the Byron nuclear 
plant in Ogle County, Illinois (at four times the EPA standard) 
and the Dresden nuclear plant in Grundy County, Illinois. At 
the Dresden plant, a 2004 test found groundwater tritium levels 
at 500 times the federal limit and in 2006 at 25 times higher 
than the EPA safe drinking water level. In March 2006, the 
State of Illinois filed a lawsuit against Exelon.
    Community residents, as well as state and county officials 
responsible for the safety and health of their constituents, 
were stunned by these admissions since they had received no 
notification from Exelon or the Nuclear Regulatory Commission 
in 1998 or 2000 when these leaks occurred. While Federal law 
requires state and local officials to be notified immediately 
upon a ``declared emergency'' where health and safety are at 
immediate risk, it does not require State and local officials 
to be notified of any other accidental, unplanned, or 
unintentional radioactive substance released into the 
environment. Those incidents may be documented with the NRC and 
made available to the public, but accessing that information is 
contingent upon state and local officials actually knowing that 
these incidents ever occurred. Moreover, questions remain as to 
whether Exelon met its requirements for even notifying the NRC 
of these instances.
    The intent of S. 2348, the Nuclear Release Notice Act of 
2006, as amended, is to preserve the public right-to-know by 
ensuring that State and county officials are notified, within a 
reasonable timeframe, when a nuclear power facility releases 
unplanned radioactive substances into the environment.
    This legislation is not about whether tritium is safe, or 
at what concentration or level it poses a threat to public 
safety or health, or whether tritium is present in ``Exit'' 
signs, or occurs naturally in granite, or is present in process 
water released into rivers. This legislation is about ensuring 
that nearby residents know whether they may have been exposed 
to any level of radiation generated at a nuclear power plant as 
a result of an unplanned, accidental, or unintentional incident 
or occurrence. This legislation is also about determining 
whether aberrations in the normal operating procedures of a 
plant--such as leaks, equipment failures, substandard 
management practices, or monitoring neglect--are early warning 
signs of a potential mishap chain that warrants corrective 
action.
    As Congress grapples with how best to meet increases in 
domestic energy consumption in the coming decades, while 
addressing the related problems of air quality and carbon 
emissions, nuclear power must remain an option. The State of 
Illinois has 11 nuclear power plants--more than any other state 
in the nation--and those plants generate 50 percent of our 
state's energy needs. The future of nuclear power, however, 
rests on public faith. When that public faith is breeched, 
industry efforts to restore that confidence, especially when 
those efforts are voluntary, cannot be expected to be 
sufficient. Congress has an obligation and responsibility to 
ensure that industry does not again fail the public.
    The people of Illinois, and all families who live near 
nuclear power plants throughout the United States, have the 
right to know of the release of a radioactive substance into 
the environment--that previously was not present, and occurred 
specifically as a result of a failure in the normal operating 
procedures of a corporation. They have the right to that 
information within a reasonable timeframe, the right to a 
third-party review of that information; and the right to reach 
an independent conclusion as to whether those releases are 
harmful. This legislation strengthens those rights, and ensures 
that when radioactive substances are released into the 
environment outside of normal operating procedures, notifying 
State and local officials is not a courtesy, or a voluntary 
action, but henceforth the law.

                                                      Barack Obama.
                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman:

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ATOMIC ENERGY ACT OF 1954

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                   CHAPTER 10. ATOMIC ENERGY LICENSES


SEC. 103. COMMERCIAL LICENSES.

    (a) The Commission is authorized to issue licenses to 
persons applying therefor to transfer or receive in interstate 
commerce, manufacture, produce, transfer, acquire, possess, use 
import, or export under the terms of an agreement for 
cooperation arranged pursuant to section 123, utilization or 
production facilities for industrial or commercial purposes. 
Such licenses shall be issued in accordance with the provisions 
of chapter 16 and subject to such conditions as the Commission 
may by rule or regulation establish to effectuate the purposes 
and provisions of this Act.
    (b) The Commission shall issue such licenses on a 
nonexclusive basis to persons applying therefore (1) whose 
proposed activities will serve a useful purpose proportionate 
to the quantities of special nuclear material or source 
material to be utilized; (2) who are equipped to observe and 
who agree to observe such safety standards to protect health 
and to minimize danger to life or property as the Commission 
may by rule establish; and (3) who agree to make available to 
the Commission such technical information and data concerning 
activities under such licenses as the Commission may determine 
necessary to promote the common defense and security and to 
protect the health and safety of the public. All such 
information may be used by the Commission only for the purposes 
of the common defense and security and to protect the health 
and safety of the public.
    (c) Each such license shall be issued for a specified 
period, as determined by the Commission, depending on the type 
of activity to be licensed, but not exceeding forty years, and 
may be renewed upon the expiration of such period.
    (d) No license under this section may be given to any 
person for activities which are not under or within the 
jurisdiction of the United States, except for the export of 
production or utilization facilities under terms of an 
agreement for cooperation arranged pursuant to section 123, or 
except under the provisions of section 109. No license may be 
issued to an alien or any corporation or other entity if the 
Commission knows or has reason to believe it is owned, 
controlled, or dominated by an alien, a foreign corporation, or 
a foreign government. In any event, no license may be issued to 
any person within the United States if, in the opinion of the 
Commission, the issuance of a license to such person would be 
inimical to the common defense and security or to the health 
and safety of the public.
    (e) Notice of Unplanned Release of Radioactive 
Substances.--
          (1) Regulations.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of the Nuclear Release 
                Notice Act of 2006, the Commission shall 
                promulgate regulations that require civilian 
                nuclear power facilities licensed under this 
                section or section 104 (b) to provide notice of 
                any release to the environment of quantities of 
                fission products or other radioactive 
                substances.
                  (B) Considerations.--In developing the 
                regulations under subparagraph (A), the 
                Commission shall consider requiring licensees 
                of civilian nuclear power facilities to provide 
                notice of the release--
                          (i) not later than 24 hours after the 
                        release;
                          (ii) to the Commission and the 
                        governments of the State and county in 
                        which the civilian nuclear power 
                        facility is located, if the unplanned 
                        release--
                                  (I)(aa) exceeds allowable 
                                limits for normal operation 
                                established by the Commission; 
                                and
                                  (bb) is not subject to more 
                                stringent reporting 
                                requirements established in 
                                existing regulations of the 
                                Commission; or
                                  (II)(aa) enters into the 
                                environment; and
                                  (bb) may cause drinking water 
                                sources to exceed a maximum 
                                contaminant level established 
                                by the Environmental Protection 
                                Agency for fission products or 
                                other radioactive substances 
                                under the Safe Drinking Water 
                                Act (42 U.S.C. 300f et. seq.); 
                                and
                          (iii) to the governments of the State 
                        and county in which the civilian 
                        nuclear power facility is located if 
                        the unplanned release reaches the 
                        environment by a path otherwise not 
                        allowed or recognized by the operating 
                        license of the civilian nuclear power 
                        facility and falls within the allowable 
                        limits specified in clause (ii), 
                        including--
                                  (I) considering any 
                                recommendations issued by the 
                                Liquid Radioactive Release 
                                Lessons-Learned Task Force;
                                  (II) the frequency and form 
                                of the notice; and
                                  (III) the threshold, volume, 
                                and radiation content that 
                                trigger the notice.
        (2) Effect.--Nothing in this subsection provides to any 
        State or county that receives a notice under this 
        subsection regulatory jurisdiction over a licensee of a 
        civilian nuclear power facility.
          (f) Each license issued for a utilization facility 
        under this section or section 104b. shall require as a 
        condition thereof that in case of any accident which 
        could result in an unplanned release of quantities of 
        fission products in excess of allowable limits for 
        normal operation established by the Commission, the 
        licensee shall immediately so notify the Commission. 
        Violation of the condition prescribed by this 
        subsection may, in the Commission's discretion, 
        constitute grounds for license revocation. In 
        accordance with section 187 of this Act, the Commission 
        shall promptly amend each license for a utilization 
        facility issued under this section or section 104b. 
        which is in effect on the date of enactment of this 
        subsection to include the provisions required under 
        this subsection.

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