II 

109TH CONGRESS 

1ST SESSION S. 1381 

To require the Nuclear Regulatory Commission to consider certain criteria 

in relicensing nuclear facilities, and to provide for an independent assessment of the Oyster Creek Nuclear Generating Station by the National 

Academy of Sciences before any relicensing of that facility. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2005 

Mr. CORZINE introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL

To require the Nuclear Regulatory Commission to consider 

certain criteria in relicensing nuclear facilities, and to 

provide for an independent assessment of the Oyster 

Creek Nuclear Generating Station by the National Academy of Sciences before any relicensing of that facility.

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 ‘‘Oyster Creek Nuclear 

5 Generating Station Relicensing Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 
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1 (1) the Oyster Creek Nuclear Generating Sta2 tion, which has been in operation for more than 35 

3 years, is the oldest nuclear facility in the United 

4 States; 

5 (2) as of the date of enactment of this Act, 

6 more than 3,500,000 people reside within a 50-mile 

7 radius of the Station; 

8 (3) nuclear power facilities have been identified 

9 as targets for terrorist attacks; 

10 (4) it is necessary to assess the safety, perform11 ance, and reliability of the oldest operating reactor 

12 in the United States; and 

13 (5) an independent assessment of the Station 

14 will help in determining whether the Station can 

15 continue to maintain adequate levels of safety. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) COMMISSION.—The term ‘‘Commission’’ 

19 means the Nuclear Regulatory Commission. 

20 (2) STATION.—The term ‘‘Station’’ means the 

21 Oyster Creek Nuclear Generating Station. 

22 SEC. 4. RELICENSING CRITERIA FOR NUCLEAR FACILITIES. 

23 Section 182 of the Atomic Energy Act of 1954 (42 

24 U.S.C. 2232) is amended by adding at the end the fol25 lowing: 
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1 ‘‘e. In determining whether to approve an application 

2 for relicensing, the Commission shall evaluate the facility 

3 with respect to— 

4 ‘‘(1) the health risks, vulnerability to terrorist 

5 attack, evacuation plans, surrounding population in6 creases, ability to store nuclear waste, and safety 

7 and security record of the facility; and 

8 ‘‘(2) the impact of a nuclear accident at the fa9 cility.’’. 

10 SEC. 5. INDEPENDENT ASSESSMENT OF STATION. 

11 (a) IN GENERAL.—The Commission shall not reli12 cense the Station until— 

13 (1) a date that is not earlier than 90 days after 

14 the date on which the Commission receives the re15 port described in subsection (b); and 

16 (2) the Commission has given appropriate con17 sideration to the recommendations in the report. 

18 (b) ASSESSMENT BY NATIONAL ACADEMY OF

19 SCIENCES.—The Commission shall enter into an agree20 ment with the National Academy of Sciences to submit 

21 to the Commission a report that includes, with respect to 

22 the Station— 

23 (1) an independent assessment of safety per24 formance; and 

25 (2) recommendations with respect to— 
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1 (A) whether the Station should be reli2 censed by the Commission; and 

3 (B) conditions for relicensing the Station. 

4 (c) INCLUSIONS.—In preparing the report under sub5 section (b), the National Academy of Sciences, in accord6 ance with any applicable regulations issued by the Com7 mission, shall— 

8 (1) provide an independent assessment of 

9 whether the Station conforms to the design and li10 censing bases of the Station, including appropriate 

11 reviews at the site and corporate offices of the Sta12 tion; 

13 (2) provide an independent assessment of the 

14 operational safety performance of the Station, in15 cluding an identification of risk factors, as the Na16 tional Academy of Sciences determines to be appro17 priate; 

18 (3) provide an independent assessment of— 

19 (A) the health risks, vulnerability to ter20 rorist attack, evacuation plans, surrounding 

21 population increases, ability to store nuclear 

22 waste, and safety and security record of the 

23 Station; and 

24 (B) the impact of a nuclear accident at the 

25 Station; 
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1 (4) evaluate the effectiveness of licensee self-as2 sessments, corrective actions, and improvement 

3 plans at the Station; 

4 (5) determine any cause of a safety problem at 

5 the Station; 

6 (6) assess the overall performance of the Sta7 tion; and 

8 (7) assess, and provide recommendations re9 garding, the optimal life expectancy of— 

10 (A) the Station; and 

11 (B) nuclear facilities that are similar in de12 sign to the Station, as determined by the Na13 tional Academy of Sciences. 

14 (d) ACCESS.—The Chairperson of the Commission 

15 shall issue such regulations as are necessary to ensure ap16 propriate access to the National Academy of Sciences to 

17 carry out this section, as determined by the Chairperson. 

18 (e) REPORT.—Not later than 180 days after the date 

19 of enactment of this Act, the Commission shall submit to 

20 Congress the report of the National Academy of Sciences 

21 described in subsection (b).

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