Nuclear Plant Decommissioning Act of 2016

Summary: Nuclear Plant Decommissioning Act of 2016 This bill amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee to submit to the NRC a post-shutdown decommissioning activities report (PSDAR) regarding the shutdown of a nuclear facility.  In the state where the nuclear facility is located, the NRC is required to: (1) solicit public comments on a proposed PSDAR; (2) conduct at least two public hearings; and (3) invite the state to file a statement of support, nonsupport, or conditional support for the proposed PSDAR with specific recommendations that could lead to support. The bill prescribes the criteria for determining whether a proposed PSDAR is permissible if a host state files a statement of conditional support.  The NRC must determine the adequacy or inadequacy of a proposed PSDAR and issue a decision document accordingly The NRC must not approve a proposed PSDAR unless the proposed PSDAR requires compliance with applicable state law relating to air, water, soil quality, or radiological standards if the state law is more restrictive than its federal counterpart. The NRC must notify: (1) each licensee of the opportunity to develop a revised PSDAR for any facility for which a PSDAR has been submitted but for which decontamination and dismantling activities have either not been commenced, or have been commenced for less than one year; and (2) each state within 50 miles of such facility that they have the opportunity to consult with the licensee who submitted the PSDAR.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Plant Decommissioning Act of 
2016''.

SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

    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:

``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

    ``(a) Definitions.--In this section:
            ``(1) Affected state.--The term `affected State' means--
                    ``(A) the host State of a covered facility; and
                    ``(B) each State that is within 50 miles of a 
                covered facility.
            ``(2) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(3) Covered facility.--The term `covered facility' means 
        a facility of a licensee for which a PSDAR is required.
            ``(4) Host state.--The term `host State' means the State in 
        which a covered facility is located.
            ``(5) Licensee.--The term `licensee' has the meaning given 
        the term in section 50.2 of title 10, Code of Federal 
        Regulations (or any successor regulation).
            ``(6) PSDAR.--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 any successor regulation).
    ``(b) Development; Initial Consultation.--A licensee shall develop 
a proposed PSDAR for a covered facility after consultation with--
            ``(1) each affected State; and
            ``(2) each unit of local government and tribal government 
        in the affected State that is located within 50 miles of the 
        covered facility.
    ``(c) Submission to Commission; Additional Consultation.--
            ``(1) In general.--After additional consultation with the 
        entities described in subsection (b) with respect to the 
        proposed PSDAR developed under that subsection, the licensee 
        shall--
                    ``(A) submit to the Commission the proposed PSDAR; 
                and
                    ``(B) on submission of the proposed PSDAR under 
                subparagraph (A), make the proposed PSDAR readily 
                available to the public.
            ``(2) Public availability.--On receipt of the proposed 
        PSDAR under paragraph (1), the Commission shall make the 
        proposed PSDAR readily available to the public, on the 
        condition that the Commission may redact any information 
        necessary to protect the national security.
    ``(d) Public Participation.--During a period of at least 90 days 
beginning on the date on which the licensee submits the proposed PSDAR 
to the Commission under subsection (c), the Commission shall solicit 
public participation on the proposed PSDAR in the host State, including 
through--
            ``(1) the solicitation of written comments from the public; 
        and
            ``(2) the conduct of at least 2 public hearings within the 
        host State.
    ``(e) Support or Nonsupport by Host State.--
            ``(1) In general.--Not later than 60 days after the receipt 
        of a proposed PSDAR 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 invitation under this paragraph--
                    ``(A) a statement of support for the proposed 
                PSDAR;
                    ``(B) a statement of conditional support for the 
                proposed PSDAR, with specific recommendations for 
                changes that could lead the host State to support the 
                proposed PSDAR; or
                    ``(C) a statement of nonsupport for the proposed 
                PSDAR.
            ``(2) Statement of support or nonsupport; failure to 
        submit.--
                    ``(A) In general.--If the host State files a 
                statement of support under paragraph (1)(A), 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 on whether the proposed 
                PSDAR is adequate or inadequate--
                            ``(i) based on the considerations described 
                        in subparagraph (B); and
                            ``(ii) after taking into account--
                                    ``(I) any written comments 
                                submitted by the host State, other 
                                States, and local communities with 
                                respect to the proposed PSDAR; and
                                    ``(II) any input from the public 
                                under subsection (d).
                    ``(B) Considerations.--The Commission shall 
                consider a proposed PSDAR to be adequate under 
                subparagraph (A) if the Commission determines that--
                            ``(i) the proposed PSDAR provides for the 
                        overall protection of human health and the 
                        environment;
                            ``(ii) the licensee has a substantial 
                        likelihood of implementing the proposed PSDAR 
                        within the timeframe described in the proposed 
                        PSDAR;
                            ``(iii) the proposed PSDAR is in accordance 
                        with applicable law (including regulations); 
                        and
                            ``(iv) the licensee has demonstrated that 
                        the licensee has, or will have, the funds 
                        required to fully implement the proposed PSDAR 
                        within the timeframe described in the proposed 
                        PSDAR.
                    ``(C) Determination of adequacy.--If the Commission 
                determines that the proposed PSDAR is adequate under 
                subparagraphs (A) and (B), the Commission shall issue a 
                decision document approving the PSDAR.
                    ``(D) Determination of inadequacy.--If the 
                Commission determines that the proposed PSDAR is 
                inadequate under subparagraphs (A) and (B)--
                            ``(i) the Commission shall issue a decision 
                        rejecting the proposed PSDAR, including the 
                        reasons for the decision; and
                            ``(ii) not later than 2 years after the 
                        date on which operations at the plant cease, 
                        the licensee shall develop and submit to the 
                        Commission a new proposed PSDAR in accordance 
                        with this section.
            ``(3) Conditional support by host state.--
                    ``(A) In general.--The Commission shall determine 
                whether the proposed PSDAR is permissible under 
                applicable law (including regulations) if the host 
                State files a statement of conditional support for the 
                proposed PSDAR with the Commission in accordance with 
                paragraph (1)(B).
                    ``(B) Changes.--For each change recommended by the 
                host State under paragraph (1)(B), the Commission 
                shall--
                            ``(i) provide for the inclusion of the 
                        change into the final PSDAR, unless the 
                        Commission determines the change to be 
                        inappropriate for inclusion, based on clear and 
                        convincing evidence provided by the licensee 
                        that--
                                    ``(I) the change violates 
                                applicable law; or
                                    ``(II) the costs of the change 
                                substantially outweigh the safety, 
                                economic, or environmental benefits of 
                                the change to the host State; and
                            ``(ii) provide the rationale for a 
                        determination of inappropriateness under clause 
                        (i).
                    ``(C) Decision document.--
                            ``(i) In general.--Based on the 
                        determinations made under subparagraphs (A) and 
                        (B), the Commission shall issue a decision 
                        document that--
                                    ``(I) accepts the proposed PSDAR 
                                with any changes recommended by the 
                                host State that are not determined to 
                                be inappropriate under subparagraph 
                                (B); or
                                    ``(II) rejects the proposed PSDAR.
                            ``(ii) Applicable law.--A decision document 
                        issued under clause (i) shall be considered to 
                        be a final order entered in a proceeding under 
                        section 189(a).
                    ``(D) Acceptance.--If the Commission approves the 
                proposed PSDAR under subparagraph (C)(i)(I)--
                            ``(i) the PSDAR is final; and
                            ``(ii) the licensee may begin 
                        implementation of the PSDAR.
                    ``(E) Rejection.--If the Commission rejects the 
                proposed PSDAR under subparagraph (C)(i)(II), not later 
                than 2 years after the date on which operations at the 
                plant cease, the licensee shall develop and submit to 
                the Commission a new proposed PSDAR in accordance with 
                this section.
    ``(f) Additional Requirement.--Notwithstanding any other provision 
of this section, a Commission shall not approve a PSDAR under this 
section unless the proposed PSDAR includes a requirement that the 
licensee comply with applicable State law relating to air, water, or 
soil quality or radiological standards with respect to the 
implementation of the proposed PSDAR if the applicable State law is 
more restrictive than the applicable Federal law.
    ``(g) Application to Existing Decommissioning Activities.--
            ``(1) In general.--The Commission shall notify--
                    ``(A) each licensee of the opportunity to develop a 
                revised PSDAR for any facility of the licensee for 
                which a PSDAR has been submitted but, as of the date of 
                enactment of the Nuclear Plant Decommissioning Act of 
                2016--
                            ``(i) decontamination and dismantlement 
                        activities have not commenced; or
                            ``(ii) decontamination and dismantlement 
                        activities have been commenced for less than 1 
                        year; and
                    ``(B) each State that is within 50 miles of the 
                facility described in subparagraph (A) of the 
                opportunity to consult with the licensee described in 
                subparagraph (A) in accordance with subsection (b).
            ``(2) Process.--
                    ``(A) In general.--Except as provided in paragraphs 
                (3) and (4), if a licensee described in paragraph (1) 
                elects to develop a revised PSDAR, the process for 
                consideration and approval of the revised PSDAR under 
                paragraph (1) shall be carried out in accordance with--
                            ``(i) the process for the consideration and 
                        approval of a proposed PSDAR for covered 
                        facilities described in subsections (b) through 
                        (d) and subsection (f); and
                            ``(ii) the process for support or 
                        nonsupport by the host State as described in 
                        subsection (e).
                    ``(B) Nonselection.--If a licensee described in 
                paragraph (1) elects not to revise the original PSDAR, 
                the entities described in subsection (b) may file a 
                statement of support or nonsupport for the original 
                PSDAR in accordance with the process for support or 
                nonsupport by the host State described in subsection 
                (e).
            ``(3) Decision document.--A decision document for a revised 
        PSDAR submitted under this subsection, or for the original 
        PSDAR if the licensee elects not to revise the original PSDAR, 
        shall be carried out in accordance with subsection (e)(3)(C), 
        except that the deadline for the Commission to issue a decision 
        document shall be by not later than 1 year after the 
        decontamination and dismantlement activities have commenced.
            ``(4) Revision after determination of inadequacy.--If the 
        Commission rejects the revised PSDAR in accordance with the 
        process for rejection under subsection (e)(3)(E), the licensee 
        shall develop and submit to the Commission a new revised PSDAR 
        in accordance with this subsection by not later than 2 years 
        after the date on which the Commission rejects the revised 
        PSDAR.''.