SEC. 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.) is amended by adding at 
the end the following: 
‘‘SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVI-
TIES REPORTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED
STATE.—The term ‘affected 
State’ means— 
‘‘(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’ 
means the Nuclear Regulatory Commission. 
‘‘(3) COVERED FACILITY.—The term ‘covered 
facility’ means a facility of a licensee for which a 
PSDAR is required. 
‘‘(4) HOST
STATE.—The term ‘host State’ 
means the State in which a covered facility is lo-
cated. 
‘‘(5) LICENSEE.—The term ‘licensee’ has the 
meaning given the term in section 50.2 of title 10, 
Code of Federal Regulations (or any successor regu-
lation). 
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‘‘(6) PSDAR.—The term ‘PSDAR’ means a 
post-shutdown decommissioning activities report 
submitted to the Commission and affected States 
under section 50.82(a)(4)(i) of title 10, Code of Fed-
eral Regulations (or any successor regulation). 
‘‘(b) DEVELOPMENT; INITIAL CONSULTATION.—A li-
censee shall develop a proposed PSDAR for a covered fa-
cility 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 CON-
SULTATION.— 
‘‘(1) IN GENERAL.—After additional consulta-
tion 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 pro-
posed PSDAR; and 
‘‘(B) on submission of the proposed 
PSDAR under subparagraph (A), make the 
proposed PSDAR readily available to the pub-
lic. 
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‘‘(2) PUBLIC AVAILABILITY.—On receipt of the 
proposed PSDAR under paragraph (1), the Commis-
sion shall make the proposed PSDAR readily avail-
able to the public. 
‘‘(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 partici-
pation on the proposed PSDAR in the host State, includ-
ing 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 invite the host State 
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 pro-
posed PSDAR; 
‘‘(B) a statement of conditional support 
for the proposed PSDAR, with specific rec-
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ommendations 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
NON-
SUPPORT; 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 para-
graph (1), the Commission shall issue a deter-
mination on whether the proposed PSDAR is 
adequate or inadequate— 
‘‘(i) based on the considerations de-
scribed in subparagraph (B); and 
‘‘(ii) after taking into account— 
‘‘(I) any written comments sub-
mitted 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 ade-
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quate under subparagraph (A) if the Commis-
sion 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 ac-
cordance with applicable law (including 
regulations); and 
‘‘(iv) the licensee has proactively dem-
onstrated 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 subparagraph (A), 
the Commission shall issue a decision document 
approving the PSDAR. 
‘‘(D) DETERMINATION OF INADEQUACY.— 
If the Commission determines that the proposed 
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PSDAR is inadequate under subparagraph 
(A)— 
‘‘(i) the Commission shall issue a deci-
sion rejecting the proposed PSDAR, in-
cluding the reasons for the decision; and 
‘‘(ii) 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 per-
missible under applicable law (including regula-
tions) if the host State files a statement of con-
ditional support for the proposed PSDAR with 
the Commission in accordance with paragraph 
(1)(B). 
‘‘(B) CHANGES.—For each change rec-
ommended 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 
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and convincing evidence provided by the li-
censee that— 
‘‘(I) the change violates applica-
ble law; or 
‘‘(II) the costs of the change sub-
stantially outweigh the safety, eco-
nomic, or environmental benefits of 
the change to the host State; and 
‘‘(ii) provide the rationale for a deter-
mination of inappropriateness under clause 
(i). 
‘‘(C) DECISION DOCUMENT.— 
‘‘(i) IN GENERAL.—Based on the de-
terminations made under subparagraphs 
(A) and (B), the Commission shall issue a 
decision document that— 
‘‘(I) 
accepts 
the 
proposed 
PSDAR 
with 
any 
changes 
rec-
ommended 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 
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