I 

108TH CONGRESS 

2D SESSION H. R. 5032 

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 prior to any relicensing of that facility. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2004 

Mr. SAXTON introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

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 prior to 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. CONGRESSIONAL FINDINGS. 

4 The Congress finds the following: 

5 (1) The Oyster Creek Nuclear Generating Sta6 tion, operating for over 35 years, is the oldest nu7 clear facility in the country. 
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1 (2) More than 3,500,000 people now reside 

2 within a 50-mile radius of Oyster Creek. 

3 (3) Nuclear power plants have been identified 

4 as inviting targets for terrorist attacks. 

5 (4) It is necessary to assess the safety, perform6 ance, and reliability of the Nation’s oldest operating 

7 reactor. 

8 (5) An independent assessment will help in de9 termining if the plant can continue to maintain ade10 quate levels of safety. 

11 SEC. 2. RELICENSING CRITERIA FOR NUCLEAR FACILITIES. 

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

13 U.S.C. 2232) is amended by adding at the end the fol14 lowing new subsection: 

15 ‘‘e. In determining whether to approve an application 

16 for relicensing, the Commission shall evaluate the facility 

17 with respect to health risks, vulnerability to terrorist at18 tack, evacuation plans, population increases, ability to 

19 store nuclear waste, safety and security record, and the 

20 impact of a nuclear accident.’’. 

21 SEC. 3. INDEPENDENT ASSESSMENT OF OYSTER CREEK NU22 CLEAR GENERATING STATION. 

23 (a) IN GENERAL.—The Nuclear Regulatory Commis24 sion shall not relicense the Oyster Creek Nuclear Gener25 ating Station until— 
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1 (1) at least 90 days have expired after it has 

2 transmitted under subsection (e) the recommenda3 tions from the National Academy of Sciences; and 

4 (2) it has given appropriate consideration to 

5 those recommendations. 

6 (b) ASSESSMENT BY NATIONAL ACADEMY OF

7 SCIENCES.—The Nuclear Regulatory Commission shall 

8 enter into an arrangement with the National Academy of 

9 Sciences to provide, with respect to the Oyster Creek Nu10 clear Generating Station, an independent assessment of 

11 safety performance along with recommendations for reli12 censing and relicensing conditions. 

13 (c) FUNCTIONS.—Pursuant to guidelines provided by 

14 the Nuclear Regulatory Commission, the National Acad15 emy of Sciences shall— 

16 (1) provide an independent assessment of the 

17 conformance of Oyster Creek Nuclear Generating 

18 Station to its design and licensing bases, including 

19 appropriate reviews at the site and corporate offices; 

20 (2) provide an independent assessment of oper21 ational safety performance, identifying risk factors 

22 where appropriate; 

23 (3) provide an independent assessment of 

24 health risks, vulnerability to terrorist attack, evacu25 ation plans, population increases, ability to store nu-
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1 clear waste, safety and security record, and the im2 pact of a nuclear accident; 

3 (4) evaluate the effectiveness of licensee self-as4 sessments, corrective actions, and improvement 

5 plans; and 

6 (5) determine the cause or causes of safety 

7 problems and assess overall performance. 

8 (d) ACCESS.—The Nuclear Regulatory Commission 

9 shall issue such orders as are necessary to ensure appro10 priate access for the National Academy of Sciences to 

11 carry out this section. 

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

13 of enactment of this Act, the Nuclear Regulatory Commis14 sion shall transmit to the Congress the report received 

15 from the National Academy of Sciences under this section. 

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