I 
114TH CONGRESS 
2D SESSION 
H. R. 4998 
To amend the Atomic Energy Act of 1954 to provide for consultation with 
State and local governments, the consideration of State and local con-
cerns, and the approval of post-shutdown decommissioning activities re-
ports by the Nuclear Regulatory Commission. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2016 
Mr. WELCH (for himself, Mr. KEATING, and Ms. CASTOR of Florida) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To amend the Atomic Energy Act of 1954 to provide for 
consultation with State and local governments, the con-
sideration of State and local concerns, and the approval 
of post-shutdown decommissioning activities 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 2016’’. 
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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, on the condition that the Commis-
sion may redact any information necessary to pro-
tect the national security. 
‘‘(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 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 invitation under this para-
graph— 
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‘‘(A) a statement of support for the pro-
posed PSDAR; 
‘‘(B) a statement of conditional support 
for the proposed PSDAR, with specific rec-
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 
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‘‘(II) any input from the public 
under subsection (d). 
‘‘(B) CONSIDERATIONS.—The Commission 
shall consider a proposed PSDAR to be ade-
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 demonstrated 
that the licensee has, or will have, the 
funds required to fully implement the pro-
posed PSDAR within the timeframe de-
scribed in the proposed PSDAR. 
‘‘(C) DETERMINATION OF ADEQUACY.—If 
the Commission determines that the proposed 
PSDAR is adequate under subparagraphs (A) 
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and (B), the Commission shall issue a decision 
document approving the PSDAR. 
‘‘(D) DETERMINATION OF INADEQUACY.— 
If the Commission determines that the proposed 
PSDAR is inadequate under subparagraphs (A) 
and (B)— 
‘‘(i) the Commission shall issue a deci-
sion rejecting the proposed PSDAR, in-
cluding the reasons for the decision; and 
‘‘(ii) not later than 2 years after the 
date on which operations at the plant 
cease, 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). 
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‘‘(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 
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-
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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 
considered to be a final order entered in a 
proceeding under section 189(a). 
‘‘(D) ACCEPTANCE.—If the Commission 
approves the proposed PSDAR under subpara-
graph (C)(i)(I)— 
‘‘(i) the PSDAR is final; and 
‘‘(ii) the licensee may begin implemen-
tation of the PSDAR. 
‘‘(E) REJECTION.—If the Commission re-
jects the proposed PSDAR under subparagraph 
(C)(i)(II), not later than 2 years after the date 
on which operations at the plant cease, the li-
censee shall develop and submit to the Commis-
sion a new proposed PSDAR in accordance with 
this section. 
‘‘(f) ADDITIONAL REQUIREMENT.—Notwithstanding 
any other provision of this section, a Commission shall not 
approve a PSDAR under this section unless the proposed 
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PSDAR includes a requirement that the licensee comply 
with applicable State law relating to air, water, or soil 
quality or radiological standards with respect to the imple-
mentation of the proposed PSDAR if the applicable State 
law is more restrictive than the applicable Federal law. 
‘‘(g) APPLICATION TO EXISTING DECOMMISSIONING 
ACTIVITIES.— 
‘‘(1) IN GENERAL.—The Commission shall no-
tify— 
‘‘(A) each licensee of the opportunity to 
develop a revised PSDAR for any facility of the 
licensee for which a PSDAR has been sub-
mitted but, as of the date of enactment of the 
Nuclear Plant Decommissioning Act of 2016— 
‘‘(i) decontamination and dismantle-
ment activities have not commenced; or 
‘‘(ii) decontamination and dismantle-
ment activities have been commenced for 
less than 1 year; and 
‘‘(B) each State that is within 50 miles of 
the facility described in subparagraph (A) of 
the opportunity to consult with the licensee de-
scribed in subparagraph (A) in accordance with 
subsection (b). 
‘‘(2) PROCESS.— 
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‘‘(A) IN GENERAL.—Except as provided in 
paragraphs (3) and (4), if a licensee described 
in paragraph (1) elects to develop a revised 
PSDAR, the process for consideration and ap-
proval of the revised PSDAR under paragraph 
(1) shall be carried out in accordance with— 
‘‘(i) the process for the consideration 
and approval of a proposed PSDAR for 
covered facilities described in subsections 
(b) through (d) and subsection (f); and 
‘‘(ii) the process for support or non-
support by the host State as described in 
subsection (e). 
‘‘(B) NONSELECTION.—If a licensee de-
scribed in paragraph (1) elects not to revise the 
original PSDAR, the entities described in sub-
section (b) may file a statement of support or 
nonsupport for the original PSDAR in accord-
ance with the process for support or nonsupport 
by the host State described in subsection (e). 
‘‘(3) DECISION DOCUMENT.—A decision docu-
ment for a revised PSDAR submitted under this 
subsection, or for the original PSDAR if the licensee 
elects not to revise the original PSDAR, shall be 
carried out in accordance with subsection (e)(3)(C), 
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except that the deadline for the Commission to issue 
a decision document shall be by not later than 1 
year after the decontamination and dismantlement 
activities have commenced. 
‘‘(4) REVISION AFTER DETERMINATION OF IN-
ADEQUACY.—If the Commission rejects the revised 
PSDAR in accordance with the process for rejection 
under subsection (e)(3)(E), the licensee shall develop 
and submit to the Commission a new revised 
PSDAR in accordance with this subsection by not 
later than 2 years after the date on which the Com-
mission rejects the revised PSDAR.’’. 
Æ 
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