Nuclear Licensing Efficiency Act

To streamline nuclear technology regulatory permitting and licensing, and for other purposes. 1. Short title This Act may be cited as the Nuclear Licensing Efficiency Act 2. Streamlining application and site permit reviews Section 185 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 c. Application reviews for nuclear energy projects (1) Streamlining license application review With respect to an application that is docketed seeking issuance of a construction permit, operating license, or combined construction permit and operating license for a production or utilization facility, the Commission shall include the following procedures: (A) Undertake an environmental review process and issue any draft environmental impact statement to the maximum extent practicable within 24 months after the application is accepted for docketing. (B) Complete the technical review process and issue any safety evaluation report and any final environmental impact statement to the maximum extent practicable within 42 months after the application is accepted for docketing. (2) Early site permit (A) Supplemental environmental impact statement In a proceeding for a combined construction permit and operating license for a site for which an early site permit has been issued, any environmental impact statement prepared by the Commission and cooperating agencies shall be prepared as a supplement to the environmental impact statement prepared for the early site permit. (B) Incorporation by reference The supplemental environmental impact statement shall— (i) incorporate by reference the analysis, findings, and conclusions from the environmental impact statement prepared for the early site permit; and (ii) include additional discussion, analyses, findings, and conclusions on matters resolved in the early site permit proceeding only to the extent necessary to address information that is new and significant in that the information would materially change the prior findings or conclusions. (3) Production or utilization facility located at an existing site In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production or utilization facility located at the site of a licensed production or utilization facility, the Commission shall, to the extent practicable, use information that was part of the licensing basis of the licensed production or utilization facility. (4) Regulations The Commission shall initiate a rulemaking, not later than 1 year after the date of enactment of this subsection, to amend the regulations of the Commission to implement this subsection. (5) Environmental impact statement defined In this subsection, the term environmental impact statement 42 U.S.C. 4332(2)(C) (6) Relationship to other law Nothing in this subsection exempts the Commission from any requirement for full compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) . 3. Updating hearing procedures (a) Informal hearing procedures Section 189 a. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a) (3) The Commission may use informal adjudicatory procedures for any hearing required under this section for which the Commission determines that adjudicatory procedures under section 554 of title 5, United States Code, are unnecessary. . (b) Study on the impact of the elimination of mandatory hearing for uncontested licensing applications Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report containing the results of a study on the effects of eliminating the hearings required under section 189 a. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a) 4. Efficiency of Advisory Committee on Reactor Safeguards (a) Committee composition Section 29 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2039 The Commission shall seek to include a diversity of disciplines and operational experiences when appointing members of the Committee. four years each. (b) License applications Section 182 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2232(b) If the Commission determines referral of an application to the Committee is necessary, the Committee shall initiate a review of the application not later than 30 days after receiving such referral, and shall submit a report thereon under this subsection not later than 180 days after initiating such review. 5. Updating Nuclear Regulatory Commission user fees and charges Section 102(b)(3)(B) of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 (1) by redesignating clause (ii) as clause (iii); (2) by inserting after clause (i) the following: (ii) Fuel facilities (I) In general The total annual charges under subparagraph (A) charged to fuel facility licensees, to the maximum extent practicable, shall not exceed an amount that is equal to the total annual fees collected from the fuel facilities class under the final rule of the Commission entitled Revision of Fee Schedules; Fee Recovery for Fiscal Year 2016 (II) Exception Subclause (I) shall not apply if the number of licensed facilities classified by the Commission as fuel facilities exceeds seven. (III) Changes to annual charges Any change in an annual charge under subparagraph (A) charged to a fuel facility licensee shall be based on— (aa) a change in the regulatory services provided with respect to the fuel facility; or (bb) an adjustment described in subclause (I). ; and (3) in clause (iii), as redesignated by paragraph (1) of this section, by striking clause (i) clause (i) or (ii) 6. Technical correction Section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities The Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission (2) Regulation The Commission ; and (3) by striking c. c. (1) In general Subject to paragraphs (2) and (3), the Commission .

Summary: Nuclear Licensing Efficiency Act This bill revises the permitting and licensing process for nuclear production or utilization facilities. The Nuclear Regulatory Commission must follow specified procedures when reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a nuclear production or utilization facility. The Government Accountability Office must study and report on the effects of eliminating mandatory hearings for uncontested licensing and construction permit applications under the Atomic Energy Act of 1954. The bill revises the composition of the Advisory Committee on Reactor Safeguards, and provides specific timelines for the committee to complete its review for a construction permit or an operating license for a nuclear facility. The bill also places a limit on the amount of annual fees that may be charged to a nuclear fuel facility, with specified exceptions.