Sec. 304. Modernizing the Nuclear Regulatory Commission
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Not later than 90 days after the date of enactment of this section, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that recommends how to improve the processes, procedures, and, if appropriate, regulations of the Commission with respect to licensing, certification, and approval of advanced nuclear reactor designs. The report submitted under paragraph
(1)shall include recommendations to— improve all Commission actions with respect to licensing, certification, and approval of advanced nuclear reactor designs, including actions to meet the Commission’s obligations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq.); emphasize risk-informed and performance-based regulatory approaches; and enable the Commission to finalize its review of an application to approve the design of an advanced nuclear reactor in no more than two years. Not later than 18 months after the date of enactment of this section, the Comptroller General, in consultation with the Secretary, shall submit to Congress a report containing the results of a study on the feasibility and implications of repealing restrictions under sections 103 d. and 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.). Not later than 18 months after the date of enactment of this section, the Comptroller General, in consultation with the Secretary, shall submit to Congress a report containing the results of a study on the estimated effect of eliminating the requirement to hold a hearing for uncontested applications for an operating license or construction permit under section 189 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239 ). Section 189 a. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a) ) is amended by adding at the end the following: Any hearing under this section shall be conducted using informal adjudicatory procedures in accordance with section 555 of title 5, United States Code, unless the Commission determines that formal adjudicatory procedures under section 554, 556, or 557 of title 5, United States Code are necessary— to develop a sufficient record; or to achieve fairness. . Section 193(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2243(b) ) is amended— in paragraph (1), by striking on the record and all that follows through and 63 and inserting upon a request for a hearing on the licensing of construction and operation of a uranium enrichment facility under sections 53 and 63, the Commission shall conduct a single adjudicatory hearing ; and in paragraph (2), by striking Such hearing and inserting If a hearing is held under paragraph (1), the hearing . Section 185 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 ) is amended by adding at the end the following: c. Application review for nuclear energy projects .— With respect to an application for a construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility, the Commission shall— undertake an expedited environmental review process and issue any draft environmental impact statements (as required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.)) for the application not later than 24 months after the date on which the application is accepted for docketing; and complete the technical review process of the application, issue any safety evaluation reports, and issue any final environmental impact statements (as required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for the application) not later than 24 months after the date on which the application is accepted for docketing. In a proceeding for a combined construction permit and operating license for a site for which an early site permit has been issued, any environmental impact statement prepared by the Commission and cooperating agencies (as required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.)) shall be prepared as a supplement to the environmental impact statement prepared for the early site permit. The supplemental environmental impact statement prepared under subparagraph
(A)shall— incorporate by reference the analysis, findings, and conclusions from the environmental impact statement prepared for the applicable early site permit; and include additional discussion, analyses, findings, and conclusions on matters resolved in the early site permit proceeding only to the extent necessary to address information that— is new; and would materially change the prior findings or conclusions. In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a proposed production facility or utilization facility that is to be located at the site of an already licensed production facility or utilization facility, the Commission shall, to the extent practicable, use information that was part of the determination to issue a license for the already licensed production facility or utilization facility. The Commission shall issue and make immediately effective an early site permit or construction permit for a production facility or utilization facility upon the Commission’s finding that the application therefor satisfies the requirements of this Act, notwithstanding any outstanding request for a hearing for such license. Following completion of any required hearing, the Commission shall take any appropriate action with respect to the early site permit, construction permit, or combined construction permit and operating license to the extent necessary to account for the hearing results. In this subsection, the term early site permit has the meaning given such term in section 52.1 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this subsection). . In this section: The term advanced nuclear reactor means a nuclear fission or nuclear fusion reactor, including a prototype plant (as such term is defined in section 50.2 or section 52.1 of title 10, Code of Federal Regulations, as in effect on the date of enactment of this section), with significant improvements compared to a commercial nuclear reactor that is under construction as of the date of enactment of this section, including improvements such as— additional inherent safety features; significantly lower levelized cost of electricity; lower waste yields; greater fuel utilization; enhanced reliability; increased proliferation resistance; increased thermal efficiency; reduced consumption of cooling water; the ability to integrate into electric applications and nonelectric applications; modular sizes to allow for deployment that corresponds with the demand for electricity; or operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy. The term applicant means an applicant for a license, certification, permit, or other form of approval from the Commission for an advanced nuclear reactor or a research and test reactor. The term Commission means the Nuclear Regulatory Commission. There are authorized to be appropriated to carry out subsections (a), (b), and
(c)$20,000,000 for each of fiscal years 2021 through 2030, to remain available until expended. Any funds appropriated to carry out this section may not be recovered by the Commission through the collection of user fees from existing licensees.
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- 42 USC 4231
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Sec. 304
Modernizing the Nuclear Regulatory Commission
Cite42 USC 4231
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