I 
115TH CONGRESS 
2D SESSION 
H. R. 4975 
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 
FEBRUARY 7, 2018 
Mr. WELCH (for himself, Ms. CASTOR of Florida, Mr. ENGEL, and Mr. 
KEATING) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
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 2018’’. 
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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) HOST
STATE.—The term ‘host State’ 
means the State in which a covered facility is lo-
cated. 
‘‘(5) 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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‘‘(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 successor regulations). 
‘‘(7) 
TRANSFEREE.—The 
term 
‘transferee’ 
means an entity to which a licensee proposes to 
transfer a license for a covered facility. 
‘‘(8) 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 
PSDAR, or transfer to another entity the license, for a 
covered facility until the licensee and the transferee, if ap-
plicable, conduct consultation regarding the development 
of the proposed PSDAR or the proposed license 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; ADDITIONAL CON-
SULTATION.— 
‘‘(1) IN GENERAL.—After carrying out the con-
sultation required under subsection b. with respect 
to a proposed PSDAR or transfer of a license for a 
covered facility, the licensee shall— 
‘‘(A) submit to the Commission, as appli-
cable— 
‘‘(i) the proposed PSDAR; or 
‘‘(ii) an application for transfer of a 
license; and 
‘‘(B) subject to paragraph (3), make the 
proposed PSDAR or application for transfer of 
a license, as applicable, available to the public. 
‘‘(2) PUBLIC AVAILABILITY.—On receipt of a 
proposed PSDAR or notice of a proposed license 
transfer under paragraph (1)(A), the Commission 
shall, subject to paragraph (3), make the proposed 
PSDAR or application for transfer of a license, as 
applicable, available to the public. 
‘‘(3) EXCLUSION OF CERTAIN INFORMATION.— 
In making a proposed PSDAR or application for 
transfer of a license, as applicable, available to the 
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the date on which the Commission dockets an appli-
cation for transfer of a license under section 2.101 
of title 10, Code of Federal Regulations (or suc-
cessor regulations), as applicable, for a covered facil-
ity, 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 notification— 
‘‘(A) a statement of support for the pro-
posed PSDAR or license transfer; 
‘‘(B) a statement of conditional support 
for the proposed PSDAR or license transfer, to-
gether 
with 
specific 
recommendations 
for 
changes that could lead the host State to sup-
port the proposed PSDAR or license transfer; 
or 
‘‘(C) a statement of nonsupport for the 
proposed PSDAR or license transfer. 
‘‘(2) STATEMENT
OF
SUPPORT
OR
NON-
SUPPORT; FAILURE TO SUBMIT.— 
‘‘(A) IN GENERAL.—If the host State files 
with the Commission a statement of support 
under paragraph (1)(A) or a statement of non-
support under paragraph (1)(C), or fails to file 
a statement with the Commission by the dead-
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line specified in paragraph (1), the Commission 
shall issue a determination regarding whether 
the proposed PSDAR is adequate or inadequate 
or a determination regarding whether to provide 
consent for the proposed license transfer, as ap-
plicable— 
‘‘(i) based on the considerations de-
scribed in subparagraph (B); and 
‘‘(ii) after taking into consideration— 
‘‘(I) any written comments sub-
mitted by the host State, other af-
fected States, and local communities 
with respect to the proposed PSDAR 
or license transfer; and 
‘‘(II) any input from the public 
under subsection d. 
‘‘(B) CONSIDERATIONS.—The Commission 
shall consider a proposed PSDAR or license 
transfer to be adequate under subparagraph 
(A) if the Commission determines that— 
‘‘(i) the proposed PSDAR or license 
transfer provides for— 
‘‘(I) the overall protection of 
human health and the environment; 
and 
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‘‘(II) adequate protection to the 
health and safety of the public and 
the common defense and security; 
‘‘(ii) the licensee (and, if applicable, 
the transferee) has a substantial likelihood 
of implementing the proposed PSDAR or 
license transfer within the timeframe de-
scribed in the proposed PSDAR or license 
transfer application; 
‘‘(iii) the proposed PSDAR or license 
transfer is in accordance with applicable 
law (including regulations); and 
‘‘(iv) the licensee (and, if applicable, 
the transferee) has demonstrated that the 
licensee has, or will have, the funds re-
quired to fully implement the proposed 
PSDAR or license transfer within the 
timeframe 
described 
in 
the 
proposed 
PSDAR or license transfer application, 
based on— 
‘‘(I) a comprehensive radiological 
site assessment and characterization; 
and 
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‘‘(II) a nonradiological site as-
sessment and characterization con-
ducted by the host State. 
‘‘(C) DETERMINATION
OF
ADEQUACY.— 
Subject to paragraph (4), if the Commission de-
termines that a proposed PSDAR or license 
transfer is adequate under subparagraphs (A) 
and (B), the Commission shall issue a decision 
document approving the PSDAR or license 
transfer. 
‘‘(D) DETERMINATION OF INADEQUACY.— 
If the Commission determines that a proposed 
PSDAR or license transfer is inadequate under 
subparagraphs (A) and (B)— 
‘‘(i) the Commission shall issue a deci-
sion document rejecting the proposed 
PSDAR or license transfer, including a de-
scription of the reasons for the decision, by 
the applicable deadline under paragraph 
(4); and 
‘‘(ii) not later than 2 years after the 
date of cessation of operations at the appli-
cable covered facility, the licensee shall de-
velop and submit to the Commission a new 
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proposed PSDAR or license transfer in ac-
cordance with this section. 
‘‘(3) 
CONDITIONAL
SUPPORT
BY
HOST 
STATE.— 
‘‘(A) IN GENERAL.—In any case in which 
the host State files with the Commission a 
statement of conditional support of a proposed 
PSDAR or license transfer under paragraph 
(1)(B), the Commission shall determine whether 
the proposed PSDAR or license transfer is per-
missible under applicable law (including regula-
tions). 
‘‘(B) 
CHANGES.—Notwithstanding 
the 
adequate protection of public health and safety 
or the common defense and security, 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 or license 
transfer, unless the Commission deter-
mines the change to be inappropriate for 
inclusion, based on clear and convincing 
evidence that— 
‘‘(I) the change violates applica-
ble law; or 
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‘‘(II) the total costs of the 
change substantially outweigh the 
safety, economic, or environmental 
benefits of the change to the host 
State; and 
‘‘(ii) if applicable, provide the ration-
ale for each determination of inappropri-
ateness under clause (i). 
‘‘(C) DECISION DOCUMENT.— 
‘‘(i) IN GENERAL.—Subject to para-
graph (4), based on the determinations 
made under subparagraphs (A) and (B), 
the Commission shall issue a decision doc-
ument relating to a proposed PSDAR or li-
cense transfer that, as applicable— 
‘‘(I) 
approves 
the 
proposed 
PSDAR or license transfer with any 
changes recommended by the host 
State that are not determined to be 
inappropriate 
under 
subparagraph 
(B); or 
‘‘(II) 
rejects 
the 
proposed 
PSDAR or license transfer. 
‘‘(ii) APPLICABLE
LAW.—A decision 
document issued under clause (i) or sub-
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paragraph (C) or (D)(i) of paragraph (2) 
shall be considered to be a final order en-
tered in a proceeding under section 189 a. 
‘‘(D) TREATMENT ON APPROVAL.—On ap-
proval by the Commission of a proposed 
PSDAR or license transfer under subparagraph 
(C)(i)(I) or paragraph (2)(C)— 
‘‘(i) the PSDAR or approval of the li-
cense transfer by the Commission shall be 
final; and 
‘‘(ii) the licensee may begin implemen-
tation of the PSDAR. 
‘‘(E) REJECTION.—If the Commission re-
jects a proposed PSDAR or license transfer 
under subparagraph (C)(i)(II), not later than 2 
years after the date of cessation of operations 
at the applicable covered facility, the licensee 
shall develop and submit to the Commission a 
new proposed PSDAR or license transfer in ac-
cordance with this section. 
‘‘(4) DEADLINE FOR DECISION DOCUMENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the Commission shall issue 
a decision document relating to a proposed 
PSDAR or license transfer under subparagraph 
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