Section 1 Short title
This Act may be cited as the “Nuclear Red Tape Reduction Act”.
Nuclear Red Tape Reduction Act
A BILL
To amend the Nuclear Energy Innovation and Modernization Act to direct the Nuclear Regulatory Commission to further utilize a risk-informed and performance-based approach to licensing, to amend the hearing requirements for certain licenses under the Atomic Energy Act of 1954, and for other purposes.
Sec. 2 Technology-inclusive regulatory framework for nuclear licensing
Section 3(14) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note) is amended—
by striking “where appropriate” and inserting “to the maximum extent practicable”; and
by inserting “(consistent with the document issued by the Commission on June 22, 1998, and titled “White Paper on Risk-Informed, Performance-Based Regulation” (SECY–98–144))” after “risk-informed and performance-based techniques”.
Sec. 3 Hearings and judicial review under the Atomic Energy Act of 1954
In general— Section 189a.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)(A)) is amended to read as follows:
“(A)
“(i) In any proceeding under this Act, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses, and in any proceeding for the payment of compensation, an award or royalties under sections 153, 157, 186 c., or 188, the Commission shall, subject to clause (ii), grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding.
“(ii) The Commission may only hold a hearing under this subparagraph for an application for a license under section 103 for a construction permit if the Commission receives a request for a hearing under clause (i) by a person described in such clause by not later than 30 days after notice and publication of the application for the license in the Federal Register.
“(iii) The Commission shall hold a hearing after 30 days notice and publication once in the Federal Register, on each application under section 104 b. for a construction permit for a facility, and on any application under section 104 c. for a construction permit for a testing facility.
“(iv) In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon 30 days notice and publication once in the Federal Register of its intent to do so.
“(v) The Commission may dispense with such 30 days notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.”
Combined licenses— Section 189a.(1)(B)(i) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)(B)(i)) is amended by striking “within 60 days” and inserting “within 45 days”.
Sec. 4 Report on terms of renewed Nuclear Regulatory Commission licences
Not later than 120 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—
the authority of the Nuclear Regulatory Commission to determine the terms of renewed licenses under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), including how the Nuclear Regulatory Commission determines the maximum term for such renewed licenses and in which circumstances the Nuclear Regulatory Commission may issue a renewed licence for a term in excess of 20 years; and
the meaning of “adequacy of licensee programs” as used on page 64964 of the final rule titled “Nuclear Power Plant License Renewal” and published December 13, 1991 (56 Fed. Reg. 64943).