II 

114TH CONGRESS 

1ST SESSION S. 964 

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 

APRIL 15, 2015 

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 2015’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 964 IS

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). 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 964 IS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•S 964 IS

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, on the condition that the Commis5 sion may redact any information necessary to pro6 tect the national security. 

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

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

9 submits the proposed PSDAR to the Commission under 

10 subsection (c), the Commission shall solicit public partici11 pation on the proposed PSDAR in the host State, includ12 ing through— 

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

14 the public; and 

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

16 within the host State. 

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

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

19 after the receipt of a proposed PSDAR for a covered 

20 facility, the Commission shall notify the host State 

21 of the opportunity to file with the Commission, by 

22 the date that is 60 days after the date on which the 

23 host State receives the invitation under this para24 graph— 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•S 964 IS

1 ‘‘(A) a statement of support for the pro2 posed PSDAR; 

3 ‘‘(B) a statement of conditional support 

4 for the proposed PSDAR, with specific rec5 ommendations for changes that could lead the 

6 host State to support the proposed PSDAR; or 

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

8 proposed PSDAR. 

9 ‘‘(2) STATEMENT OF SUPPORT OR NON10 SUPPORT; FAILURE TO SUBMIT.— 

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

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

13 a statement of nonsupport under paragraph 

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

15 Commission by the deadline specified in para16 graph (1), the Commission shall issue a deter17 mination on whether the proposed PSDAR is 

18 adequate or inadequate— 

19 ‘‘(i) based on the considerations de20 scribed in subparagraph (B); and 

21 ‘‘(ii) after taking into account— 

22 ‘‘(I) any written comments sub23 mitted by the host State, other States, 

24 and local communities with respect to 

25 the proposed PSDAR; and 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•S 964 IS

1 ‘‘(II) any input from the public 

2 under subsection (d). 

3 ‘‘(B) CONSIDERATIONS.—The Commission 

4 shall consider a proposed PSDAR to be ade5 quate under subparagraph (A) if the Commis6 sion determines that— 

7 ‘‘(i) the proposed PSDAR provides for 

8 the overall protection of human health and 

9 the environment; 

10 ‘‘(ii) the licensee has a substantial 

11 likelihood of implementing the proposed 

12 PSDAR within the timeframe described in 

13 the proposed PSDAR; 

14 ‘‘(iii) the proposed PSDAR is in ac15 cordance with applicable law (including 

16 regulations); and 

17 ‘‘(iv) the licensee has demonstrated 

18 that the licensee has, or will have, the 

19 funds required to fully implement the pro20 posed PSDAR within the timeframe de21 scribed in the proposed PSDAR. 

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

23 the Commission determines that the proposed 

24 PSDAR is adequate under subparagraphs (A) 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•S 964 IS

1 and (B), the Commission shall issue a decision 

2 document approving the PSDAR. 

3 ‘‘(D) DETERMINATION OF INADEQUACY.— 

4 If the Commission determines that the proposed 

5 PSDAR is inadequate under subparagraphs (A) 

6 and (B)— 

7 ‘‘(i) the Commission shall issue a deci8 sion rejecting the proposed PSDAR, in9 cluding the reasons for the decision; and 

10 ‘‘(ii) not later than 2 years after the 

11 date on which operations at the plant 

12 cease, the licensee shall develop and submit 

13 to the Commission a new proposed 

14 PSDAR in accordance with this section. 

15 ‘‘(3) CONDITIONAL SUPPORT BY HOST

16 STATE.— 

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

18 determine whether the proposed PSDAR is per19 missible under applicable law (including regula20 tions) if the host State files a statement of con21 ditional support for the proposed PSDAR with 

22 the Commission in accordance with paragraph 

23 (1)(B). 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•S 964 IS

1 ‘‘(B) CHANGES.—For each change rec2 ommended by the host State under paragraph 

3 (1)(B), the Commission shall— 

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

5 change into the final PSDAR, unless the 

6 Commission determines the change to be 

7 inappropriate for inclusion, based on clear 

8 and convincing evidence provided by the li9 censee that— 

10 ‘‘(I) the change violates applica11 ble law; or 

12 ‘‘(II) the costs of the change sub13 stantially outweigh the safety, eco14 nomic, or environmental benefits of 

15 the change to the host State; and 

16 ‘‘(ii) provide the rationale for a deter17 mination of inappropriateness under clause 

18 (i). 

19 ‘‘(C) DECISION DOCUMENT.— 

20 ‘‘(i) IN GENERAL.—Based on the de21 terminations made under subparagraphs 

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

23 decision document that— 

24 ‘‘(I) accepts the proposed 

25 PSDAR with any changes recVerDate Sep 11 2014 23:46 Apr 22, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964

emcdonald on DSK67QTVN1PROD with BILLS
9 

•S 964 IS

1 ommended by the host State that are 

2 not determined to be inappropriate 

3 under subparagraph (B); or 

4 ‘‘(II) rejects the proposed 

5 PSDAR. 

6 ‘‘(ii) APPLICABLE LAW.—A decision 

7 document issued under clause (i) shall be 

8 considered to be a final order entered in a 

9 proceeding under section 189(a). 

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

11 approves the proposed PSDAR under subpara12 graph (C)(i)(I)— 

13 ‘‘(i) the PSDAR is final; and 

14 ‘‘(ii) the licensee may begin implemen15 tation of the PSDAR. 

16 ‘‘(E) REJECTION.—If the Commission re17 jects the proposed PSDAR under subparagraph 

18 (C)(i)(II), not later than 2 years after the date 

19 on which operations at the plant cease, the li20 censee shall develop and submit to the Commis21 sion a new proposed PSDAR in accordance with 

22 this section. 

23 ‘‘(f) ADDITIONAL REQUIREMENT.—Notwithstanding 

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

25 approve a PSDAR under this section unless the proposed 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•S 964 IS

1 PSDAR includes a requirement that the licensee comply 

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

3 quality or radiological standards with respect to the imple4 mentation of the proposed PSDAR if the applicable State 

5 law is more restrictive than the applicable Federal law. 

6 ‘‘(g) APPLICATION TO EXISTING DECOMMISSIONING

7 ACTIVITIES.— 

8 ‘‘(1) IN GENERAL.—The Commission shall no9 tify— 

10 ‘‘(A) each licensee of the opportunity to 

11 develop a revised PSDAR for any facility of the 

12 licensee for which a PSDAR has been sub13 mitted but, as of the date of enactment of the 

14 Nuclear Plant Decommissioning Act of 2015— 

15 ‘‘(i) decontamination and dismantle16 ment activities have not commenced; or 

17 ‘‘(ii) decontamination and dismantle18 ment activities have been commenced for 

19 less than 1 year; and 

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

21 the facility described in subparagraph (A) of 

22 the opportunity consult with the licensee de23 scribed in subparagraph (A) in accordance with 

24 subsection (b). 

25 ‘‘(2) PROCESS.— 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•S 964 IS

1 ‘‘(A) IN GENERAL.—Except as provided in 

2 paragraphs (3) and (4), if a licensee described 

3 in paragraph (1) elects to develop a revised 

4 PSDAR, the process for consideration and ap5 proval of the revised PSDAR under paragraph 

6 (1) shall be carried out in accordance with— 

7 ‘‘(i) the process for the consideration 

8 and approval of a proposed PSDAR for 

9 covered facilities described in subsections 

10 (b) through (d) and subsection (f); and 

11 ‘‘(ii) the process for support or non12 support by the host State as described in 

13 subsection (e). 

14 ‘‘(B) NONSELECTION.—If a licensee de15 scribed in paragraph (1) elects not to revise the 

16 original PSDAR, the entities described in sub17 section (b) may file a statement of support or 

18 nonsupport for the original PSDAR in accord19 ance with the process for support or nonsupport 

20 by the host State described in subsection (e). 

21 ‘‘(3) DECISION DOCUMENT.—A decision docu22 ment for a revised PSDAR submitted under this 

23 subsection, or for the original PSDAR if the licensee 

24 elects not to revise the original PSDAR, shall be 

25 carried out in accordance with subsection (e)(3)(C), 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•S 964 IS

1 except that the deadline for the Commission to issue 

2 a decision document shall be by not later than 1 

3 year after the decontamination and dismantlement 

4 activities have commenced. 

5 ‘‘(4) REVISION AFTER DETERMINATION OF IN6 ADEQUACY.—If the Commission rejects the revised 

7 PSDAR in accordance with the process for rejection 

8 under subsection (e)(3)(E), the licensee shall develop 

9 and submit to the Commission a new revised 

10 PSDAR in accordance with this subsection by not 

11 later than 2 years after the date on which the Com12 mission rejects the revised PSDAR.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS