I 
116TH CONGRESS 
2D SESSION 
H. R. 8277 
To amend the Atomic Energy Act of 1954 to provide for consultation with 
State, Tribal, and local governments, the consideration of State, Tribal, 
and local concerns, and the approval of post-shutdown decommissioning 
activities reports by the Nuclear Regulatory Commission. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2020 
Mr. WELCH (for himself and Mr. ENGEL) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committees on Transportation and Infrastructure, and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the Atomic Energy Act of 1954 to provide for 
consultation with State, Tribal, and local governments, 
the consideration of State, Tribal, and local concerns, 
and the approval of post-shutdown decommissioning ac-
tivities reports by the Nuclear Regulatory Commission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Plant Decom-
missioning Act of 2020’’. 
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SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES 
REPORTS. 
(a) IN GENERAL.—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 located 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) COVERED MATERIAL.—The term ‘covered 
material’ means— 
‘‘(A) high-level radioactive waste; 
‘‘(B) spent nuclear fuel; 
‘‘(C) transuranic waste; 
‘‘(D) byproduct material that meets the re-
quirements of section 11 e. (2); and 
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‘‘(E) any other nuclear or radioactive 
waste or material for which the Commission de-
termines that a material change by the licensee 
in the manner of handling, storing, or disposing 
of that waste or material should be preceded by 
consultation under subsection b. 
‘‘(5) COVERED
PSDAR.—The term ‘covered 
PSDAR’ means— 
‘‘(A) the initial PSDAR for a covered facil-
ity; and 
‘‘(B) any subsequent PSDAR for a covered 
facility in which the licensee proposes, as deter-
mined by the Commission— 
‘‘(i) a significant update to the decom-
missioning strategy; or 
‘‘(ii) a material change in the manner 
in which covered material is handled, 
stored, or disposed of. 
‘‘(6) HOST
STATE.—The term ‘host State’ 
means the State in which a covered facility is lo-
cated. 
‘‘(7) LICENSE; LICENSEE.—The terms ‘license’ 
and ‘licensee’ have the meanings given the terms in 
section 50.2 of title 10, Code of Federal Regulations 
(or successor regulations). 
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‘‘(8) 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 successor regulations). 
‘‘(9) 
TRANSFEREE.—The 
term 
‘transferee’ 
means an entity to which a licensee proposes to 
transfer a license for a covered facility. 
‘‘(10) TRIBAL GOVERNMENT.—The term ‘Tribal 
government’ means the governing body of an Indian 
tribe (as defined in section 4 of the Indian Self-De-
termination and Education Assistance Act (25 
U.S.C. 5304)). 
‘‘b. CONSULTATION
REQUIRED.—Notwithstanding 
any other provision of law (including regulations), a li-
censee may not submit to the Commission a proposed cov-
ered PSDAR, or transfer to another entity the license, for 
a covered facility until the licensee and the transferee, if 
applicable, conduct consultation regarding the develop-
ment of the proposed covered PSDAR or the proposed li-
cense transfer, as applicable, with— 
‘‘(1) each affected State; and 
‘‘(2) each unit of State government or Tribal 
government that— 
‘‘(A) is located in an affected State; and 
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‘‘(B) has jurisdiction over land located 
within 50 miles of the covered facility. 
‘‘c. SUBMISSION
TO COMMISSION; PUBLIC AVAIL-
ABILITY.— 
‘‘(1) IN GENERAL.—After carrying out the con-
sultation required under subsection b. with respect 
to a proposed covered PSDAR or transfer of a li-
cense for a covered facility, the licensee shall— 
‘‘(A) submit to the Commission, as appli-
cable— 
‘‘(i) the proposed covered PSDAR; or 
‘‘(ii) an application for transfer of a 
license; and 
‘‘(B) subject to paragraph (3), make the 
proposed covered PSDAR or application for 
transfer of a license, as applicable, available to 
the public. 
‘‘(2) PUBLIC AVAILABILITY.—On receipt of a 
proposed covered PSDAR or application for transfer 
of a license under paragraph (1)(A), the Commission 
shall, subject to paragraph (3), make the proposed 
covered PSDAR or application for transfer of a li-
cense, as applicable, available to the public. 
‘‘(3) EXCLUSION OF CERTAIN INFORMATION.— 
In making a proposed covered PSDAR or applica-
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