II 

Calendar No. 637 

109TH CONGRESS 

2D SESSION S. 2348 

[Report No. 109–347] 

To amend the Atomic Energy Act of 1954 to require a licensee to notify 

the Atomic Energy Commission, and the State and county in which 

a facility is located, whenever there is an unplanned release of fission 

products in excess of allowable limits. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2006 

Mr. OBAMA (for himself, Mr. DURBIN, Mrs. BOXER, Mrs. CLINTON, and Mr. 

VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

SEPTEMBER 25, 2006 

Reported by Mr. INHOFE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Atomic Energy Act of 1954 to require a 

licensee to notify the Atomic Energy Commission, and 

the State and county in which a facility is located, whenever there is an unplanned release of fission products 

in excess of allowable limits. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nuclear Release Notice 

3 Act of 2006’’. 

4 SEC. 2. NUCLEAR RELEASE NOTICE REQUIREMENT. 

5 Section 103 of the Atomic Energy Act of 1954 (42 

6 U.S.C. 2133) is amended— 

7 (1) by redesignating subsection f. as subsection 

8 e.; and 

9 (2) in subsection e. (as so redesignated)— 

10 (A) by designating the first, second, and 

11 third sentences as paragraphs (1), (2), and (3), 

12 respectively; 

13 (B) by striking the subsection designation 

14 and paragraph (1) (as so designated) and in15 serting the following: 

16 ‘‘f. NOTICE OF UNPLANNED RELEASE OF RADIO17 ACTIVE SUBSTANCES.— 

18 ‘‘(1) NOTICE REQUIRED.— 

19 ‘‘(A) IN GENERAL.—Each license issued 

20 for a utilization facility under this section or 

21 section 104 b. shall require as a condition of 

22 the license that in case of an unplanned release 

23 described in subparagraph (B), the licensee 

24 shall immediately notify the Commission, and 

25 the State and county in which the facility is lo26 cated, of the release. 


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1 ‘‘(B) UNPLANNED RELEASES.—Subpara2 graph (A) applies to any unplanned release of 

3 quantities of fission products or other radio4 active substances— 

5 ‘‘(i) in excess of allowable limits for 

6 normal operation established by the Com7 mission or other applicable Federal laws or 

8 standards; and 

9 ‘‘(ii) within allowable limits for nor10 mal operation established by the Commis11 sion or other applicable Federal laws or 

12 standards but that occurs more than twice 

13 within a 2-year period originating from the 

14 same source, process, or equipment at a 

15 facility.’’; and 

16 (C) in paragraph (3) (as so designated), by 

17 striking ‘‘date of enactment of this subsection’’ 

18 and inserting ‘‘date of enactment of the Nu19 clear Release Notice Act of 2006’’. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Nuclear Release Notice 

22 Act of 2006’’. 


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1 SEC. 2. NUCLEAR RELEASE NOTICE REQUIREMENT. 

2 Section 103 of the Atomic Energy Act of 1954 (42 

3 U.S.C. 2133) is amended by inserting after subsection d. 

4 the following: 

5 ‘‘e. NOTICE OF UNPLANNED RELEASE OF RADIOACTIVE

6 SUBSTANCES.— 

7 ‘‘(1) REGULATIONS.— 

8 ‘‘(A) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of the Nuclear Release 

10 Notice Act of 2006, the Commission shall pro11 mulgate regulations that require civilian nuclear 

12 power facilities licensed under this section or sec13 tion 104(b) to provide notice of any release to the 

14 environment of quantities of fission products or 

15 other radioactive substances. 

16 ‘‘(B) CONSIDERATIONS.—In developing the 

17 regulations under subparagraph (A), the Com18 mission shall consider requiring licensees of ci19 vilian nuclear power facilities to provide notice 

20 of the release— 

21 ‘‘(i) not later than 24 hours after the 

22 release; 

23 ‘‘(ii) to the Commission and the gov24 ernments of the State and county in which 

25 the civilian nuclear power facility is lo26 cated, if the unplanned release— 


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1 ‘‘(I)(aa) exceeds allowable limits 

2 for normal operation established by the 

3 Commission; and 

4 ‘‘(bb) is not subject to more strin5 gent reporting requirements established 

6 in existing regulations of the Commis7 sion; or 

8 ‘‘(II)(aa) enters into the environ9 ment; and 

10 ‘‘(bb) may cause drinking water 

11 sources to exceed a maximum contami12 nant level established by the Environ13 mental Protection Agency for fission 

14 products or other radioactive sub15 stances under the Safe Drinking Water 

16 Act (42 U.S.C. 300f et seq.); and 

17 ‘‘(iii) to the governments of the State 

18 and county in which the civilian nuclear 

19 power facility is located if the unplanned 

20 release reaches the environment by a path 

21 otherwise not allowed or recognized by the 

22 operating license of the civilian nuclear 

23 power facility and falls within the allowable 

24 limits specified in clause (ii), including— 


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1 ‘‘(I) considering any recommenda2 tions issued by the Liquid Radioactive 

3 Release Lessons-Learned Task Force; 

4 ‘‘(II) the frequency and form of 

5 the notice; and 

6 ‘‘(III) the threshold, volume, and 

7 radiation content that trigger the no8 tice. 

9 ‘‘(2) EFFECT.—Nothing in this subsection pro10 vides to any State or county that receives a notice 

11 under this subsection regulatory jurisdiction over a li12 censee of a civilian nuclear power facility.’’. 


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Calendar No. 637 

109TH CONGRESS 

2D SESSION S. 2348 

[Report No. 109

–347] 

A BILL 

To amend the Atomic Energy Act of 1954 to reallowable limits. planned release of fission products in excess of a facility is located, whenever there is an un- Commission, and the State and county in which quire a licensee to notify the Atomic Energy 

SEPTEMBER 25, 2006 

Reported with an amendment 


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