Calendar No. 555

103D CONGRESS

2D SESSION S. 1165

[Report No. 103–331]

A BILL

To provide for judicial review of Nuclear Reguforcement actions, and for other purposes. latory Commission decisions on petitions for enAUGUST 11, 1994

Reported with an amendment
II

Calendar No. 555

103D CONGRESS

2D SESSION S. 1165

[Report No. 103–331]

To provide for judicial review of Nuclear Regulatory Commission decisions

on petitions for enforcement actions, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 25 (legislative day, JUNE 22), 1993

Mr. LIEBERMAN (for himself and Mr. BAUCUS) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

AUGUST 11, 1994

Reported by Mr. BAUCUS, with an amendment

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

A BILL

To provide for judicial review of Nuclear Regulatory Commission decisions on petitions for enforcement actions, 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 referred to as the ‘‘Nuclear Enforce5 ment Accountability Act of 1993’’.
2

•S 1165 RS

1 SEC. 2. ENFORCEMENT PETITIONS AND JUDICIAL REVIEW.

2 Section 189 of the Atomic Energy Act of 1954 (42

3 U.S.C. 2239) is amended by adding at the end the follow4 ing new subsection:

5 ‘‘d. ENFORCEMENT PETITIONS.—

6 ‘‘(1) IN GENERAL.—Any person may petition

7 the Nuclear Regulatory Commission to institute a

8 proceeding to modify, suspend, or revoke a license,

9 or for such other action as may be proper.

10 ‘‘(2) STANDARDS FOR GRANTING.—The Com11 mission shall grant any request under paragraph (1)

12 if the petitioner demonstrates material evidence rea13 sonably indicating that—

14 ‘‘(i) the holder of the license with respect

15 to which a request has been made under para16 graph (1) is in significant noncompliance with

17 the terms of the license, this chapter, or the

18 Commission’s regulations, or

19 ‘‘(ii) the activities of the license present a

20 substantial hazard to the public health and

21 safety or common defense and security.

22 ‘‘(3) JUDICIAL REVIEW.—Any Commission

23 order denying a request under this subsection shall

24 be subject to judicial review in accordance with

25 chapter 158 of title 28, United States Code, and

26 chapter 7 of title 5, United States Code.’’.
3

•S 1165 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be referred to as the ‘‘Nuclear Enforce3 ment Accountability Act of 1994’’.

4 SEC. 2. ENFORCEMENT PETITIONS AND JUDICIAL REVIEW.

5 Section 189 of the Atomic Energy Act of 1954 (42

6 U.S.C. 2239) is amended by adding at the end the following

7 new subsection:

8 ‘‘(c) ENFORCEMENT PETITIONS.—

9 ‘‘(1) IN GENERAL.—Any person may petition the

10 Nuclear Regulatory Commission to institute a pro11 ceeding to modify, suspend, or revoke a license issued

12 under this Act, or to take such other action as may

13 be proper.

14 ‘‘(2) STANDARDS FOR GRANTING PETITIONS.—

15 The Commission shall institute a proceeding to mod16 ify, suspend, or revoke such a license, or shall take

17 such other action as may be proper, if the petitioner

18 demonstrates material evidence reasonably indicating

19 that—

20 ‘‘(A) the holder of the license with respect to

21 which a request has been made under paragraph

22 (1) is in significant noncompliance with the

23 terms of the license, this chapter, or the regula24 tions of the Commission; or
4

•S 1165 RS

1 ‘‘(B) the activities under the license present

2 a substantial hazard to the public health and

3 safety or common defense and security.

4 ‘‘(3) JUDICIAL REVIEW.—Any Commission deci5 sion under paragraph (2) in response to a petition

6 submitted under paragraph (1) shall be subject to ju7 dicial review in accordance with chapter 158 of title

8 28, United States Code, and chapter 7 of title 5,

9 United States Code. If a court of appeals determines

10 that an appeal under this paragraph is frivolous, the

11 court may award just damages and single or double

12 costs to the appellee.’’.