Nuclear Plant Decommissioning Act of 2016

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. Short title This Act may be cited as the Nuclear Plant Decommissioning Act of 2016 2. Post-shutdown decommissioning activities reports Chapter 10 of title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2131 et seq. 113. Post-shutdown decommissioning activities reports (a) Definitions In this section: (1) Affected State The term affected State (A) the host State of a covered facility; and (B) each State that is within 50 miles of a covered facility. (2) Commission The term Commission (3) Covered facility The term covered facility (4) Host State The term host State (5) Licensee The term licensee (6) PSDAR The term PSDAR (b) Development; initial consultation A licensee shall develop a proposed PSDAR for a covered facility after consultation with— (1) each affected State; and (2) each unit of local government and tribal government in the affected State that is located within 50 miles of the covered facility. (c) Submission to Commission; additional consultation (1) In general After additional consultation with the entities described in subsection (b) with respect to the proposed PSDAR developed under that subsection, the licensee shall— (A) submit to the Commission the proposed PSDAR; and (B) on submission of the proposed PSDAR under subparagraph (A), make the proposed PSDAR readily available to the public. (2) Public availability On receipt of the proposed PSDAR under paragraph (1), the Commission shall make the proposed PSDAR readily available to the public, on the condition that the Commission may redact any information necessary to protect the national security. (d) Public participation During a period of at least 90 days beginning on the date on which the licensee submits the proposed PSDAR to the Commission under subsection (c), the Commission shall solicit public participation on the proposed PSDAR in the host State, including through— (1) the solicitation of written comments from the public; and (2) the conduct of at least 2 public hearings within the host State. (e) Support or nonsupport by host State (1) In general Not later than 60 days after the receipt of a proposed PSDAR for a covered facility, the Commission shall notify the host State of the opportunity to file with the Commission, by the date that is 60 days after the date on which the host State receives the invitation under this paragraph— (A) a statement of support for the proposed PSDAR; (B) a statement of conditional support for the proposed PSDAR, with specific recommendations for changes that could lead the host State to support the proposed PSDAR; or (C) a statement of nonsupport for the proposed PSDAR. (2) Statement of support or nonsupport; failure to submit (A) In general If the host State files a statement of support under paragraph (1)(A), a statement of nonsupport under paragraph (1)(C), or fails to file a statement with the Commission by the deadline specified in paragraph (1), the Commission shall issue a determination on whether the proposed PSDAR is adequate or inadequate— (i) based on the considerations described in subparagraph (B); and (ii) after taking into account— (I) any written comments submitted by the host State, other States, and local communities with respect to the proposed PSDAR; and (II) any input from the public under subsection (d). (B) Considerations The Commission shall consider a proposed PSDAR to be adequate under subparagraph (A) if the Commission determines that— (i) the proposed PSDAR provides for the overall protection of human health and the environment; (ii) the licensee has a substantial likelihood of implementing the proposed PSDAR within the timeframe described in the proposed PSDAR; (iii) the proposed PSDAR is in accordance with applicable law (including regulations); and (iv) the licensee has demonstrated that the licensee has, or will have, the funds required to fully implement the proposed PSDAR within the timeframe described in the proposed PSDAR. (C) Determination of adequacy If the Commission determines that the proposed PSDAR is adequate under subparagraphs (A) and (B), the Commission shall issue a decision document approving the PSDAR. (D) Determination of inadequacy If the Commission determines that the proposed PSDAR is inadequate under subparagraphs (A) and (B)— (i) the Commission shall issue a decision rejecting the proposed PSDAR, including the reasons for the decision; and (ii) not later than 2 years after the date on which operations at the plant cease, the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (3) Conditional support by host State (A) In general The Commission shall determine whether the proposed PSDAR is permissible under applicable law (including regulations) if the host State files a statement of conditional support for the proposed PSDAR with the Commission in accordance with paragraph (1)(B). (B) Changes For each change recommended by the host State under paragraph (1)(B), the Commission shall— (i) provide for the inclusion of the change into the final PSDAR, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence provided by the licensee that— (I) the change violates applicable law; or (II) the costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and (ii) provide the rationale for a determination of inappropriateness under clause (i). (C) Decision document (i) In general Based on the determinations made under subparagraphs (A) and (B), the Commission shall issue a decision document that— (I) accepts the proposed PSDAR with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or (II) rejects the proposed PSDAR. (ii) Applicable law A decision document issued under clause (i) shall be considered to be a final order entered in a proceeding under section 189(a). (D) Acceptance If the Commission approves the proposed PSDAR under subparagraph (C)(i)(I)— (i) the PSDAR is final; and (ii) the licensee may begin implementation of the PSDAR. (E) Rejection If the Commission rejects the proposed PSDAR under subparagraph (C)(i)(II), not later than 2 years after the date on which operations at the plant cease, the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (f) Additional requirement Notwithstanding any other provision of this section, a Commission shall not approve a PSDAR under this section unless the proposed PSDAR includes a requirement that the licensee comply with applicable State law relating to air, water, or soil quality or radiological standards with respect to the implementation of the proposed PSDAR if the applicable State law is more restrictive than the applicable Federal law. (g) Application to existing decommissioning activities (1) In general The Commission shall notify— (A) each licensee of the opportunity to develop a revised PSDAR for any facility of the licensee for which a PSDAR has been submitted but, as of the date of enactment of the Nuclear Plant Decommissioning Act of 2016 (i) decontamination and dismantlement activities have not commenced; or (ii) decontamination and dismantlement activities have been commenced for less than 1 year; and (B) each State that is within 50 miles of the facility described in subparagraph (A) of the opportunity to consult with the licensee described in subparagraph (A) in accordance with subsection (b). (2) Process (A) In general Except as provided in paragraphs (3) and (4), if a licensee described in paragraph (1) elects to develop a revised PSDAR, the process for consideration and approval of the revised PSDAR under paragraph (1) shall be carried out in accordance with— (i) the process for the consideration and approval of a proposed PSDAR for covered facilities described in subsections (b) through (d) and subsection (f); and (ii) the process for support or nonsupport by the host State as described in subsection (e). (B) Nonselection If a licensee described in paragraph (1) elects not to revise the original PSDAR, the entities described in subsection (b) may file a statement of support or nonsupport for the original PSDAR in accordance with the process for support or nonsupport by the host State described in subsection (e). (3) Decision document A decision document for a revised PSDAR submitted under this subsection, or for the original PSDAR if the licensee elects not to revise the original PSDAR, shall be carried out in accordance with subsection (e)(3)(C), except that the deadline for the Commission to issue a decision document shall be by not later than 1 year after the decontamination and dismantlement activities have commenced. (4) Revision after determination of inadequacy If the Commission rejects the revised PSDAR in accordance with the process for rejection under subsection (e)(3)(E), the licensee shall develop and submit to the Commission a new revised PSDAR in accordance with this subsection by not later than 2 years after the date on which the Commission rejects the revised PSDAR. .

Summary: Nuclear Plant Decommissioning Act of 2016 This bill amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee to submit to the NRC a post-shutdown decommissioning activities report (PSDAR) regarding the shutdown of a nuclear facility. In the state where the nuclear facility is located, the NRC is required to: (1) solicit public comments on a proposed PSDAR; (2) conduct at least two public hearings; and (3) invite the state to file a statement of support, nonsupport, or conditional support for the proposed PSDAR with specific recommendations that could lead to support. The bill prescribes the criteria for determining whether a proposed PSDAR is permissible if a host state files a statement of conditional support. The NRC must determine the adequacy or inadequacy of a proposed PSDAR and issue a decision document accordingly. The NRC must not approve a proposed PSDAR unless the proposed PSDAR requires compliance with applicable state law relating to air, water, soil quality, or radiological standards if the state law is more restrictive than its federal counterpart. The NRC must notify: (1) each licensee of the opportunity to develop a revised PSDAR for any facility for which a PSDAR has been submitted but for which decontamination and dismantling activities have either not been commenced, or have been commenced for less than one year; and (2) each state within 50 miles of such facility that they have the opportunity to consult with the licensee who submitted the PSDAR.