Section 1 Short title
This Act may be cited as the “Efficient Nuclear Licensing Hearings Act”.
Efficient Nuclear Licensing Hearings Act
A BILL
To amend the Atomic Energy Act of 1954 to provide for more efficient hearings on nuclear facility construction applications, and for other purposes.
Sec. 2 Updating hearing procedures
Hearings and judicial review— Section 189 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)) is amended—
in paragraph (1)(A)—
by striking “In any proceeding under this Act” and inserting the following:
“(i) In any proceeding under this Act”
in clause (i) (as so designated), by striking “The Commission shall hold a hearing” and all that follows through “upon a determination by the Commission that the amendment involves no significant hazards consideration.” and inserting the following:
“(ii) The Commission may, in the absence of a request for a hearing by any person whose interest may be affected, issue a construction permit, an operating license, a combined construction permit and operating license, an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license under section 103, 104 b., 104 c., or 185 b. for a facility or a testing facility, without a hearing, but upon thirty days notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days notice and publication with respect to any application for an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.
“(iii) The Commission shall use informal adjudicatory procedures for any hearing held by the Commission pursuant to this subparagraph.”
in paragraph (1)(B)(iv)—
by inserting “informal” before “hearing procedures”; and
by striking “, whether informal or formal adjudicatory,”; and
in the second sentence of paragraph (2)(A), by striking “required hearing” and inserting “hearing held by the Commission under this section”.
Construction permits and operating licenses— Section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)) is amended by striking “After holding a public hearing under section 189 a. (1)(A),” and inserting “After the thirty days notice and publication period or holding a hearing, as applicable, under section 189 a. (1)(A),”.
Licensing of uranium enrichment facilities— Section 193(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2243(b)) is amended by—
in paragraph (1)—
by striking “on the record”; and
by inserting “if a person whose interest may be affected by such construction and operation has requested a hearing regarding the licensing of the construction and operation of the facility” after “and 63”; and
in paragraph (2), by striking “Such hearing” and inserting “If a hearing is held under paragraph (1), the hearing”.
Applicability— The amendments made by this section shall apply to all applications and proceedings pending before the Nuclear Regulatory Commission on or after the date of enactment of this section.