I 
109TH CONGRESS 
1ST SESSION 
H. R. 966 
To require the Nuclear Regulatory Commission to consider certain criteria 
in relicensing nuclear facilities, and to provide for an independent assess-
ment 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 
FEBRUARY 17, 2005 
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 Acad-
emy of Sciences prior to any relicensing of that facility. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONGRESSIONAL FINDINGS. 
The Congress finds the following: 
(1) The Oyster Creek Nuclear Generating Sta-
tion, operating for over 35 years, is the oldest nu-
clear facility in the country.
(2) More than 3,500,000 people now reside 
within a 50-mile radius of Oyster Creek. 
(3) Nuclear power plants have been identified 
as inviting targets for terrorist attacks. 
(4) It is necessary to assess the safety, perform-
ance, and reliability of the Nation’s oldest operating 
reactor. 
(5) An independent assessment will help in de-
termining if the plant can continue to maintain ade-
quate levels of safety. 
SEC. 2. RELICENSING CRITERIA FOR NUCLEAR FACILITIES. 
Section 182 of the Atomic Energy Act of 1954 (42 
U.S.C. 2232) is amended by adding at the end the fol-
lowing new subsection: 
‘‘e. In determining whether to approve an application 
for relicensing, the Commission shall evaluate the facility 
with respect to health risks, vulnerability to terrorist at-
tack, evacuation plans, population increases, ability to 
store nuclear waste, safety and security record, and the 
impact of a nuclear accident.’’. 
SEC. 3. INDEPENDENT ASSESSMENT OF OYSTER CREEK NU-
CLEAR GENERATING STATION. 
(a) IN GENERAL.—The Nuclear Regulatory Commis-
sion shall not relicense the Oyster Creek Nuclear Gener-
ating Station until—
(1) at least 90 days have expired after it has 
transmitted under subsection (e) the recommenda-
tions from the National Academy of Sciences; and 
(2) it has given appropriate consideration to 
those recommendations. 
(b) ASSESSMENT
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—The Nuclear Regulatory Commission shall 
enter into an arrangement with the National Academy of 
Sciences to provide, with respect to the Oyster Creek Nu-
clear Generating Station, an independent assessment of 
safety performance along with recommendations for reli-
censing and relicensing conditions. 
(c) FUNCTIONS.—Pursuant to guidelines provided by 
the Nuclear Regulatory Commission, the National Acad-
emy of Sciences shall— 
(1) provide an independent assessment of the 
conformance of Oyster Creek Nuclear Generating 
Station to its design and licensing bases, including 
appropriate reviews at the site and corporate offices; 
(2) provide an independent assessment of oper-
ational safety performance, identifying risk factors 
where appropriate; 
(3) provide an independent assessment of 
health risks, vulnerability to terrorist attack, evacu-
ation plans, population increases, ability to store nu-
clear waste, safety and security record, and the im-
pact of a nuclear accident; 
(4) evaluate the effectiveness of licensee self-as-
sessments, corrective actions, and improvement 
plans; and 
(5) determine the cause or causes of safety 
problems and assess overall performance. 
(d) ACCESS.—The Nuclear Regulatory Commission 
shall issue such orders as are necessary to ensure appro-
priate access for the National Academy of Sciences to 
carry out this section. 
(e) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Nuclear Regulatory Commis-
sion shall transmit to the Congress the report received 
from the National Academy of Sciences under this section. 
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