Sec. 2. Post-shutdown decommissioning activities reports

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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: In this section: The term affected State means— the host State of a covered facility; and each State located within 50 miles of a covered facility. The term Commission means the Nuclear Regulatory Commission. The term covered facility means a facility of a licensee for which a PSDAR is required. The term covered material means— high-level radioactive waste; spent nuclear fuel; transuranic waste; byproduct material that meets the requirements of section 11 e.

(2); and any other nuclear or radioactive waste or material for which the Commission determines that a material change by the licensee in the manner of handling, storing, or disposing of that waste or material should be preceded by consultation under subsection b. The term covered PSDAR means— the initial PSDAR for a covered facility; and any subsequent PSDAR for a covered facility in which the licensee proposes, as determined by the Commission— a significant update to the decommissioning strategy; or a material change in the manner in which covered material is handled, stored, or disposed of.

The term host State means the State in which a covered facility is located. The terms license and licensee have the meanings given those terms in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). 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). The term transferee means an entity to which a licensee proposes to transfer a license for a covered facility.

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 )). Notwithstanding any other provision of law (including regulations), a licensee may not submit to the Commission a proposed covered 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 covered PSDAR or the proposed license transfer, as applicable, with— each affected State; and each unit of State government or Tribal government that— is located in an affected State; and has jurisdiction over land located within 50 miles of the covered facility.

After carrying out the consultation required under subsection b. with respect to a proposed covered PSDAR or transfer of a license for a covered facility, the licensee shall— submit to the Commission, as applicable— the proposed covered PSDAR; or an application for transfer of a license; and subject to paragraph (3), make the proposed covered PSDAR or application for transfer of a license, as applicable, available to the public. On receipt of a proposed covered PSDAR or application for transfer of a license under paragraph (1)(A), the Commission shall, subject to paragraph (3), make the proposed covered PSDAR or application for transfer of a license, as applicable, available to the public.

In making a proposed covered 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— trade secrets and commercial or financial information under section 552(b)(4) of title 5, United States Code; or national security. For a period of not less than 90 days beginning on the date on which a licensee submits a proposed covered 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 covered PSDAR or notice of proposed license transfer, including through— the solicitation of written comments; and the conduct of not fewer than 2 public meetings. Not later than 60 days after the date of receipt of a proposed covered 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 statement of support for the proposed covered PSDAR or license transfer; a statement of conditional support for the proposed covered PSDAR or license transfer, together with specific recommendations for changes that could lead the host State to support the proposed covered PSDAR or license transfer; or a statement of nonsupport for the proposed covered PSDAR or license transfer.

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 covered PSDAR is adequate or inadequate or a determination regarding whether to provide consent for the proposed license transfer, as applicable— based on the considerations described in subparagraph (B); and after taking into consideration— any written comments submitted by the host State, other affected States, and local communities with respect to the proposed covered PSDAR or license transfer; and any input from the public under subsection d.

The Commission shall consider a proposed covered PSDAR or license transfer to be adequate under subparagraph

(A)if the Commission determines that— the proposed covered PSDAR or license transfer provides for— the overall protection of human health and the environment; and adequate protection to the health and safety of the public and the common defense and security; the licensee (and, if applicable, the transferee) has a substantial likelihood of implementing the proposed covered PSDAR or license transfer within the timeframe described in the proposed covered PSDAR or license transfer application; the proposed covered PSDAR or license transfer is in accordance with applicable law (including regulations); and the licensee (and, if applicable, the transferee) has demonstrated that the licensee has, or will have, the funds required to fully implement the proposed covered PSDAR or license transfer within the timeframe described in the proposed covered PSDAR or license transfer application, based on— a comprehensive radiological site assessment and characterization; and a nonradiological site assessment and characterization conducted by the host State. Subject to paragraph (4), if the Commission determines that a proposed covered PSDAR or license transfer is adequate under subparagraphs

(A)and (B), the Commission shall issue a decision document approving the covered PSDAR or license transfer. If the Commission determines that a proposed covered PSDAR or license transfer is inadequate under subparagraphs

(A)and (B)— the Commission shall issue a decision document rejecting the proposed covered PSDAR or license transfer, including a description of the reasons for the decision, by the applicable deadline under paragraph (4); and the licensee may develop and submit to the Commission a new proposed covered PSDAR or license transfer application in accordance with this section. If the Commission rejects a proposed covered PSDAR that is the initial PSDAR for a covered facility, the licensee shall develop and submit to the Commission a new proposed covered PSDAR in accordance with this section not later than 2 years after the date of cessation of operations at the covered facility. In any case in which the host State files with the Commission a statement of conditional support of a proposed covered PSDAR or license transfer under paragraph (1)(B), the Commission shall determine whether the proposed covered PSDAR or license transfer is permissible under applicable law (including regulations). 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— provide for the inclusion of the change into the final covered PSDAR or license transfer, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence that— the change violates applicable law; or the total costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and if applicable, provide the rationale for each determination of inappropriateness under clause (i). 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 covered PSDAR or license transfer that, as applicable— approves the proposed covered PSDAR or license transfer with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or rejects the proposed covered PSDAR or license transfer. 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. On approval by the Commission of a proposed covered PSDAR or license transfer under subparagraph (C)(i)(I) or paragraph (2)(C)— the covered PSDAR or approval of the license transfer by the Commission shall be final; and the licensee may begin implementation of the covered PSDAR. If the Commission rejects a proposed covered PSDAR or license transfer under subparagraph (C)(i)(II), the licensee may develop and submit to the Commission a new proposed covered PSDAR or license transfer application in accordance with this section. If the Commission rejects a proposed covered PSDAR that is the initial PSDAR for a covered facility, the licensee shall develop and submit to the Commission a new proposed covered PSDAR in accordance with this section not later than 2 years after the date of cessation of operations at the covered facility. Subject to subparagraphs

(B)and (C), the Commission shall issue a decision document relating to a proposed covered PSDAR or license transfer under subparagraph

(C)or (D)(i)(I) of paragraph

(2)or paragraph (3)(C)(i) by not later than 1 year after the date on which the proposed covered PSDAR or an application for transfer of a license, as applicable, is submitted to the Commission under subsection c. (1)(A). In this subparagraph, the term proposed intermediate license transfer means a proposed transfer of license— for a covered facility on behalf of which a proposed covered PSDAR has been submitted by the licensee to the Commission under subsection c. (1)(A)(i); and 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 covered PSDAR described in subclause (I). 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 covered PSDAR of the covered facility by not later than 1 year after the date of receipt of the application for transfer of a license. 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. 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 covered PSDAR developed by the transferee for the covered facility. Notwithstanding any other provision of this section, the Commission shall not approve a proposed covered PSDAR or license transfer under this section unless the proposed covered 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 covered PSDAR or license transfer in any case in which the applicable State law is more restrictive than an applicable Federal law. The Commission shall notify— each licensee or transferee, if applicable, of the opportunity to develop and submit to the Commission for approval a revised covered PSDAR for any covered facility of the licensee for which, as of the date of enactment of this section— decontamination and dismantlement activities described in an existing covered PSDAR have not commenced at the covered facility; or decontamination and dismantlement activities described in an existing covered PSDAR have been commenced at the covered facility for a period of less than 5 years; and 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. 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 covered PSDAR under that paragraph, the process for consideration and approval of the revised covered PSDAR shall be carried out in accordance with— the process for consideration and approval of a proposed covered PSDAR for a covered facility under subsections b., c., d., and f.; and the process for support, conditional support, or nonsupport by the host State under subsection e. If a licensee or transferee described in paragraph (1)(A) elects not to revise an existing covered PSDAR under that paragraph, the host State may file a statement of support, conditional support, or nonsupport for the existing covered PSDAR in accordance with the process for support, conditional support, or nonsupport by a host State under subsection e. A decision document for a revised covered PSDAR submitted under paragraph (1)(A), or for an existing covered PSDAR in any case in which the licensee or transferee elects not to revise the existing covered PSDAR, shall be issued in accordance with subparagraph

(C)or (D)(i)(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. If the Commission rejects a revised covered PSDAR submitted by a licensee or transferee under paragraph (1)(A) in accordance with subsection e. (2)(D)(i)(I) or subsection e. (3)(C)(i)(II), the licensee or transferee shall develop and submit to the Commission a new revised covered PSDAR in accordance with this subsection by not later than 2 years after the date of the rejection. . The Atomic Energy Act of 1954 is amended— in section 103 ( 42 U.S.C. 2133 ), by redesignating subsection f. as subsection e.; and 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: The Nuclear . 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. .

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