II 

113TH CONGRESS 

2D SESSION S. 2326 

To amend the Atomic Energy Act of 1954 to provide for consultation with 

State and local governments, the consideration of State and local concerns, and the approval of post-shutdown decommissioning activities reports by the Nuclear Regulatory Commission. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2014 

Mr. SANDERS (for himself, Mrs. BOXER, and Mr. MARKEY) 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 

consultation with State and local governments, the consideration of State and local concerns, and the approval 

of post-shutdown decommissioning activities reports by 

the Nuclear Regulatory Commission. 

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 ‘‘Nuclear Plant Decom5 missioning Act of 2014’’. 


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1 SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES 

2 REPORTS. 

3 Chapter 10 of title I of the Atomic Energy Act of 

4 1954 (42 U.S.C. 2131 et seq.) is amended by adding at 

5 the end the following: 

6 ‘‘SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVI7 TIES REPORTS. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) AFFECTED STATE.—The term ‘affected 

10 State’ means— 

11 ‘‘(A) the host State of a covered facility; 

12 and 

13 ‘‘(B) each State that is within 50 miles of 

14 a covered facility. 

15 ‘‘(2) COMMISSION.—The term ‘Commission’ 

16 means the Nuclear Regulatory Commission. 

17 ‘‘(3) COVERED FACILITY.—The term ‘covered 

18 facility’ means a facility of a licensee for which a 

19 PSDAR is required. 

20 ‘‘(4) HOST STATE.—The term ‘host State’ 

21 means the State in which a covered facility is lo22 cated. 

23 ‘‘(5) LICENSEE.—The term ‘licensee’ has the 

24 meaning given the term in section 50.2 of title 10, 

25 Code of Federal Regulations (or any successor regu26 lation). 


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1 ‘‘(6) PSDAR.—The term ‘PSDAR’ means a 

2 post-shutdown decommissioning activities report 

3 submitted to the Commission and affected States 

4 under section 50.82(a)(4)(i) of title 10, Code of Fed5 eral Regulations (or any successor regulation). 

6 ‘‘(b) DEVELOPMENT; INITIAL CONSULTATION.—A li7 censee shall develop a proposed PSDAR for a covered fa8 cility after consultation with— 

9 ‘‘(1) each affected State; and 

10 ‘‘(2) each unit of local government and tribal 

11 government in the affected State that is located 

12 within 50 miles of the covered facility. 

13 ‘‘(c) SUBMISSION TO COMMISSION; ADDITIONAL CON14 SULTATION.— 

15 ‘‘(1) IN GENERAL.—After additional consulta16 tion with the entities described in subsection (b) 

17 with respect to the proposed PSDAR developed 

18 under that subsection, the licensee shall— 

19 ‘‘(A) submit to the Commission the pro20 posed PSDAR; and 

21 ‘‘(B) on submission of the proposed 

22 PSDAR under subparagraph (A), make the 

23 proposed PSDAR readily available to the pub24 lic. 


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1 ‘‘(2) PUBLIC AVAILABILITY.—On receipt of the 

2 proposed PSDAR under paragraph (1), the Commis3 sion shall make the proposed PSDAR readily avail4 able to the public. 

5 ‘‘(d) PUBLIC PARTICIPATION.—During a period of at 

6 least 90 days beginning on the date on which the licensee 

7 submits the proposed PSDAR to the Commission under 

8 subsection (c), the Commission shall solicit public partici9 pation on the proposed PSDAR in the host State, includ10 ing through— 

11 ‘‘(1) the solicitation of written comments from 

12 the public; and 

13 ‘‘(2) the conduct of at least 2 public hearings 

14 within the host State. 

15 ‘‘(e) SUPPORT OR NONSUPPORT BY HOST STATE.— 

16 ‘‘(1) IN GENERAL.—Not later than 60 days 

17 after the receipt of a proposed PSDAR for a covered 

18 facility, the Commission shall invite the host State 

19 to file with the Commission, by the date that is 60 

20 days after the date on which the host State receives 

21 the invitation under this paragraph— 

22 ‘‘(A) a statement of support for the pro23 posed PSDAR; 

24 ‘‘(B) a statement of conditional support 

25 for the proposed PSDAR, with specific recVerDate Mar 15 2010 21:05 May 18, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2326.IS S2326

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1 ommendations for changes that could lead the 

2 host State to support the proposed PSDAR; or 

3 ‘‘(C) a statement of nonsupport for the 

4 proposed PSDAR. 

5 ‘‘(2) STATEMENT OF SUPPORT OR NON6 SUPPORT; FAILURE TO SUBMIT.— 

7 ‘‘(A) IN GENERAL.—If the host State files 

8 a statement of support under paragraph (1)(A), 

9 a statement of nonsupport under paragraph 

10 (1)(C), or fails to file a statement with the 

11 Commission by the deadline specified in para12 graph (1), the Commission shall issue a deter13 mination on whether the proposed PSDAR is 

14 adequate or inadequate— 

15 ‘‘(i) based on the considerations de16 scribed in subparagraph (B); and 

17 ‘‘(ii) after taking into account— 

18 ‘‘(I) any written comments sub19 mitted by the host State, other States, 

20 and local communities with respect to 

21 the proposed PSDAR; and 

22 ‘‘(II) any input from the public 

23 under subsection (d). 

24 ‘‘(B) CONSIDERATIONS.—The Commission 

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1 quate under subparagraph (A) if the Commis2 sion determines that— 

3 ‘‘(i) the proposed PSDAR provides for 

4 the overall protection of human health and 

5 the environment; 

6 ‘‘(ii) the licensee has a substantial 

7 likelihood of implementing the proposed 

8 PSDAR within the timeframe described in 

9 the proposed PSDAR; 

10 ‘‘(iii) the proposed PSDAR is in ac11 cordance with applicable law (including 

12 regulations); and 

13 ‘‘(iv) the licensee has proactively dem14 onstrated that the licensee has, or will 

15 have, the funds required to fully implement 

16 the proposed PSDAR within the timeframe 

17 described in the proposed PSDAR. 

18 ‘‘(C) DETERMINATION OF ADEQUACY.—If 

19 the Commission determines that the proposed 

20 PSDAR is adequate under subparagraph (A), 

21 the Commission shall issue a decision document 

22 approving the PSDAR. 

23 ‘‘(D) DETERMINATION OF INADEQUACY.— 

24 If the Commission determines that the proposed 


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1 PSDAR is inadequate under subparagraph 

2 (A)— 

3 ‘‘(i) the Commission shall issue a deci4 sion rejecting the proposed PSDAR, in5 cluding the reasons for the decision; and 

6 ‘‘(ii) the licensee shall develop and 

7 submit to the Commission a new proposed 

8 PSDAR in accordance with this section. 

9 ‘‘(3) CONDITIONAL SUPPORT BY HOST

10 STATE.— 

11 ‘‘(A) IN GENERAL.—The Commission shall 

12 determine whether the proposed PSDAR is per13 missible under applicable law (including regula14 tions) if the host State files a statement of con15 ditional support for the proposed PSDAR with 

16 the Commission in accordance with paragraph 

17 (1)(B). 

18 ‘‘(B) CHANGES.—For each change rec19 ommended by the host State under paragraph 

20 (1)(B), the Commission shall— 

21 ‘‘(i) provide for the inclusion of the 

22 change into the final PSDAR, unless the 

23 Commission determines the change to be 

24 inappropriate for inclusion, based on clear 


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1 and convincing evidence provided by the li2 censee that— 

3 ‘‘(I) the change violates applica4 ble law; or 

5 ‘‘(II) the costs of the change sub6 stantially outweigh the safety, eco7 nomic, or environmental benefits of 

8 the change to the host State; and 

9 ‘‘(ii) provide the rationale for a deter10 mination of inappropriateness under clause 

11 (i). 

12 ‘‘(C) DECISION DOCUMENT.— 

13 ‘‘(i) IN GENERAL.—Based on the de14 terminations made under subparagraphs 

15 (A) and (B), the Commission shall issue a 

16 decision document that— 

17 ‘‘(I) accepts the proposed 

18 PSDAR with any changes rec19 ommended by the host State that are 

20 not determined to be inappropriate 

21 under subparagraph (B); or 

22 ‘‘(II) rejects the proposed 

23 PSDAR. 

24 ‘‘(ii) APPLICABLE LAW.—A decision 

25 document issued under clause (i) shall be 


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1 considered to be a final order entered in a 

2 proceeding under section 189(a). 

3 ‘‘(D) ACCEPTANCE.—If the Commission 

4 approves the proposed PSDAR under subpara5 graph (C)(i)(I)— 

6 ‘‘(i) the PSDAR is final; and 

7 ‘‘(ii) the licensee may begin implemen8 tation of the PSDAR. 

9 ‘‘(E) REJECTION.—If the Commission re10 jects the proposed PSDAR under subparagraph 

11 (C)(i)(II), the licensee shall develop and submit 

12 to the Commission a new proposed PSDAR in 

13 accordance with this section. 

14 ‘‘(f) ADDITIONAL REQUIREMENT.—Notwithstanding 

15 any other provision of this section, a Commission shall not 

16 approve a PSDAR under this section unless the proposed 

17 PSDAR includes a requirement that the licensee comply 

18 with applicable State law relating to air, water, or soil 

19 quality or radiological standards with respect to the imple20 mentation of the proposed PSDAR if the applicable State 

21 law is more restrictive than the applicable Federal law.’’. 

Æ 


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