H.R. 3491 – Reading Mode

110th CONGRESS

1st Session

H. R. 3491

IN THE HOUSE OF REPRESENTATIVES

September 6, 2007

Mr. Welch of Vermont (for himself, Ms. Shea-Porter, Mr. Markey, Mr. Olver, and Mr. Hodes) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Atomic Energy Act of 1954 to improve and strengthen the safety inspection process of nuclear facilities.

Independent safety assessments

Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended by inserting after subsection d. the following:

Independent safety assessments

(1)

Development of procedure

Not later than 90 days after the date of enactment of this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the Commission) shall develop an independent safety assessment procedure.

(2)

Conduct of assessment

(A)

Definition of eligible requestor

In this paragraph, the term eligible requestor means—

(i)

a Governor of a State in which a facility of a licensee is located;

(ii)

a public utility commission of a State in which a facility of a licensee is located; and

(iii)

a Governor of a State that—

(I)

because of dangers to the public relating to potential ingestion of water or foods that have been contaminated with radiation from a commercial nuclear power plant, is located in an emergency planning zone, as defined in section 350.2 of title 44, Code of Federal Regulations (or a successor regulation); and

(II)

is not the same State in which the facility of the licensee is located.

(B)

Request of assessment

(i)

In general

At the request of an eligible requestor, the Commission shall conduct an independent safety assessment in accordance with the independent safety assessment procedure developed under paragraph (1) if the licensee has—

(I)

applied to the Commission for—

(aa)

an extension of the operating license of the licensee; or

(bb)

approval of an extended power uprate for the licensee; or

(II)

during any 5-year period, received, under the reactor oversight process of the Commission, 2 or more greater-than-green inspection findings.

(ii)

Conduct of assessment

The Commission shall conduct an assessment requested by an eligible requestor under clause (i) not later than 18 months after the date on which the eligible requestor requested the assessment.

(3)

Inspection of facility

(A)

In general

In conducting an independent safety assessment under paragraph (2)(B), the Commission shall inspect the design, construction, maintenance, and operational safety performance of the facility of the licensee.

(B)

Scope of inspection

An inspection of a facility of a licensee conducted under subparagraph (A) shall—

(i)

be at least equal in scope, depth, and breadth to the independent safety assessment conducted in 1996 by the Commission of the Maine Yankee Nuclear Power Plant, located in Wiscasset, Maine; and

(ii)

include an examination of the systems of the facility of the licensee, including—

(I)

the reactor containment systems;

(II)

the reactor emergency core cooling systems;

(III)

the control room and containment ventilation systems;

(IV)

the electrical system (including testing of relevant transients);

(V)

the condensate and feedwater systems;

(VI)

the spent fuel storage systems;

(VII)

any other system requested by the Governor of the State, or a public utility commission of the State, in which the facility of the licensee is located; and

(VIII)

any other system identified by a majority of the members of an inspection team described in paragraph (4).

(4)

Inspection teams

(A)

In general

An independent safety assessment conducted under paragraph (2)(B) shall be conducted by an inspection team.

(B)

Composition

An inspection team shall be composed of not less than 25 members, of whom—

(i)

not less than 16 members shall be—

(I)

employees of the Commission; and

(II)

unaffiliated with the regional office of the Commission in the region in which the facility of the licensee is located;

(ii)

not less than 6 members shall be independent contractors who have not worked for, or at—

(I)

the facility of the licensee; or

(II)

any other nuclear power plant owned or operated by the owner or operator of the facility of the licensee; and

(iii)

not less than 3 members shall be appointed by the eligible requestor.

(5)

Report

(A)

Preparation of preliminary report

Not later than 90 days after the date on which an inspection team completes an independent safety assessment of a facility of a licensee under paragraph (2)(B), the inspection team shall prepare a preliminary report describing the findings and recommendations of the inspection team.

(B)

Availability of preliminary report

For a period of 90 days beginning on the date on which the inspection team completes a preliminary report prepared under subparagraph (A), the inspection team shall make available for review and comment by the public a copy of the preliminary report.

(C)

Consideration of comments

In preparing a final version of a preliminary report developed under subparagraph (A), the inspection team shall take into consideration any comments received from the public that are appropriate, as determined by the inspection team.

(D)

Submission of final version

Not later than 90 days after the date on which the period of review and public comment ends under subparagraph (B), the inspection team shall submit to the Commission a final version of the preliminary report developed under subparagraph (A).

(6)

Affect on licensing actions

A final decision by the Commission of whether to extend an operating license, approve an extended power uprate, or continue to operate under a license at a facility of a licensee assessed under paragraph (2)(B) shall not be made until the later of the date on which—

(A)

the Commission has completed the independent safety assessment of the facility of the licensee; and

(B)

the licensee has fully accepted and implemented each finding and recommendation of the report approved by the Commission relating to the independent safety assessment of the facility of the licensee submitted under paragraph (5)(D).

(7)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.