II 

118TH CONGRESS 

2D SESSION S. 4288 

To amend the Atomic Energy Act of 1954 to provide for more efficient 

hearings on nuclear facility construction applications, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2024 

Mr. SCOTT of South Carolina (for himself and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Efficient Nuclear Li5 censing Hearings Act’’. 

6 SEC. 2. UPDATING HEARING PROCEDURES. 

7 (a) HEARINGS AND JUDICIAL REVIEW.—Section 189 

8 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)) 

9 is amended— 


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1 (1) in paragraph (1)(A)— 

2 (A) by striking ‘‘In any proceeding under 

3 this Act’’ and inserting the following: 

4 ‘‘(i) In any proceeding under this Act’’; and 

5 (B) in clause (i) (as so designated), by 

6 striking ‘‘The Commission shall hold a hearing’’ 

7 and all that follows through ‘‘upon a determina8 tion by the Commission that the amendment in9 volves no significant hazards consideration.’’ 

10 and inserting the following: 

11 ‘‘(ii) The Commission may, in the absence of a re12 quest for a hearing by any person whose interest may be 

13 affected, issue a construction permit, an operating license, 

14 a combined construction permit and operating license, an 

15 amendment to a construction permit, an amendment to 

16 an operating license, or an amendment to a combined con17 struction permit and operating license under section 103, 

18 104 b., 104 c., or 185 b. for a facility or a testing facility, 

19 without a hearing, but upon thirty days notice and publi20 cation once in the Federal Register of its intent to do so. 

21 The Commission may dispense with such thirty days no22 tice and publication with respect to any application for an 

23 amendment to a construction permit, an amendment to 

24 an operating license, or an amendment to a combined con25 struction permit and operating license upon a determinaVerDate Sep 11 2014 15:50 Jun 08, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288

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1 tion by the Commission that the amendment involves no 

2 significant hazards consideration. 

3 ‘‘(iii) The Commission shall use informal adjudica4 tory procedures for any hearing held by the Commission 

5 pursuant to this subparagraph.’’; 

6 (2) in paragraph (1)(B)(iv)— 

7 (A) by inserting ‘‘informal’’ before ‘‘hear8 ing procedures’’; and 

9 (B) by striking ‘‘, whether informal or for10 mal adjudicatory,’’; and 

11 (3) in the second sentence of paragraph (2)(A), 

12 by striking ‘‘required hearing’’ and inserting ‘‘hear13 ing held by the Commission under this section’’. 

14 (b) CONSTRUCTION PERMITS AND OPERATING LI15 CENSES.—Section 185 b. of the Atomic Energy Act of 

16 1954 (42 U.S.C. 2235(b)) is amended by striking ‘‘After 

17 holding a public hearing under section 189 a. (1)(A),’’ and 

18 inserting ‘‘After the thirty days notice and publication pe19 riod or holding a hearing, as applicable, under section 189 

20 a. (1)(A),’’. 

21 (c) LICENSING OF URANIUM ENRICHMENT FACILI22 TIES.—Section 193(b) of the Atomic Energy Act of 1954 

23 (42 U.S.C. 2243(b)) is amended— 

24 (1) in paragraph (1)— 

25 (A) by striking ‘‘on the record’’; and 


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1 (B) by inserting ‘‘if a person whose inter2 est may be affected by such construction and 

3 operation has requested a hearing regarding the 

4 licensing of the construction and operation of 

5 the facility’’ after ‘‘and 63’’; and 

6 (2) in paragraph (2), by striking ‘‘Such hear7 ing’’ and inserting ‘‘If a hearing is held under para8 graph (1), the hearing’’. 

9 (d) APPLICABILITY.—The amendments made by this 

10 section shall apply to all applications and proceedings 

11 pending before the Nuclear Regulatory Commission on or 

12 after the date of enactment of this section. 

Æ 


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