Title: Nuclear Licensing Efficiency Act
Policy area: Energy

Summary:
Nuclear Licensing Efficiency Act
This bill revises the permitting and licensing process for nuclear production or utilization facilities.
The Nuclear Regulatory Commission must follow specified procedures when reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a nuclear production or utilization facility.
The Government Accountability Office must study and report on the effects of eliminating mandatory hearings for uncontested licensing and construction permit applications under the Atomic Energy Act of 1954.
The bill revises the composition of the Advisory Committee on Reactor Safeguards, and provides specific timelines for the committee to complete its review for a construction permit or an operating license for a nuclear facility.
The bill also places a limit on the amount of annual fees that may be charged to a nuclear fuel facility, with specified exceptions.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1578 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1578

 To streamline nuclear technology regulatory permitting and licensing, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2021

Mr. Kinzinger introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To streamline nuclear technology regulatory permitting and licensing, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Licensing Efficiency Act''.

SEC. 2. STREAMLINING APPLICATION AND SITE PERMIT REVIEWS.

    Section 185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is 
amended by adding at the end the following:
    ``c. Application Reviews for Nuclear Energy Projects.--
            ``(1) Streamlining license application review.--With 
        respect to an application that is docketed seeking issuance of 
        a construction permit, operating license, or combined 
        construction permit and operating license for a production or 
        utilization facility, the Commission shall include the 
        following procedures:
                    ``(A) Undertake an environmental review process and 
                issue any draft environmental impact statement to the 
                maximum extent practicable within 24 months after the 
                application is accepted for docketing.
                    ``(B) Complete the technical review process and 
                issue any safety evaluation report and any final 
                environmental impact statement to the maximum extent 
                practicable within 42 months after the application is 
                accepted for docketing.
            ``(2) Early site permit.--
                    ``(A) Supplemental environmental impact 
                statement.--In a proceeding for a combined construction 
                permit and operating license for a site for which an 
                early site permit has been issued, any environmental 
                impact statement prepared by the Commission and 
                cooperating agencies shall be prepared as a supplement 
                to the environmental impact statement prepared for the 
                early site permit.
                    ``(B) Incorporation by reference.--The supplemental 
                environmental impact statement shall--
                            ``(i) incorporate by reference the 
                        analysis, findings, and conclusions from the 
                        environmental impact statement prepared for the 
                        early site permit; and
                            ``(ii) include additional discussion, 
                        analyses, findings, and conclusions on matters 
                        resolved in the early site permit proceeding 
                        only to the extent necessary to address 
                        information that is new and significant in that 
                        the information would materially change the 
                        prior findings or conclusions.
            ``(3) Production or utilization facility located at an 
        existing site.--In reviewing an application for an early site 
        permit, construction permit, operating license, or combined 
        construction permit and operating license for a production or 
        utilization facility located at the site of a licensed 
        production or utilization facility, the Commission shall, to 
        the extent practicable, use information that was part of the 
        licensing basis of the licensed production or utilization 
        facility.
            ``(4) Regulations.--The Commission shall initiate a 
        rulemaking, not later than 1 year after the date of enactment 
        of this subsection, to amend the regulations of the Commission 
        to implement this subsection.
            ``(5) Environmental impact statement defined.--In this 
        subsection, the term `environmental impact statement' means a 
        detailed statement required under section 102(2)(C) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)).
            ``(6) Relationship to other law.--Nothing in this 
        subsection exempts the Commission from any requirement for full 
        compliance with section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.

SEC. 3. UPDATING HEARING PROCEDURES.

    (a) Informal Hearing Procedures.--Section 189 a. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2239(a)) is amended by adding at the end 
the following:
    ``(3) The Commission may use informal adjudicatory procedures for 
any hearing required under this section for which the Commission 
determines that adjudicatory procedures under section 554 of title 5, 
United States Code, are unnecessary.''.
    (b) Study on the Impact of the Elimination of Mandatory Hearing for 
Uncontested Licensing Applications.--Not later than 18 months after the 
date of enactment of this Act, the Comptroller General shall transmit 
to Congress a report containing the results of a study on the effects 
of eliminating the hearings required under section 189 a. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2239(a)) for an application under section 
103 or section 104 b. of such Act for a construction permit for a 
facility in the absence of a request of any person whose interest may 
be affected by the proceeding.

SEC. 4. EFFICIENCY OF ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.

    (a) Committee Composition.--Section 29 of the Atomic Energy Act of 
1954 (42 U.S.C. 2039) is amended by inserting ``The Commission shall 
seek to include a diversity of disciplines and operational experiences 
when appointing members of the Committee.'' after ``four years each.''.
    (b) License Applications.--Section 182 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2232(b)) is amended by adding at the end the 
following: ``If the Commission determines referral of an application to 
the Committee is necessary, the Committee shall initiate a review of 
the application not later than 30 days after receiving such referral, 
and shall submit a report thereon under this subsection not later than 
180 days after initiating such review.''.

SEC. 5. UPDATING NUCLEAR REGULATORY COMMISSION USER FEES AND CHARGES.

    Section 102(b)(3)(B) of the Nuclear Energy Innovation and 
Modernization Act (Public Law 115-439) is amended--
            (1) by redesignating clause (ii) as clause (iii);
            (2) by inserting after clause (i) the following:
                            ``(ii) Fuel facilities.--
                                    ``(I) In general.--The total annual 
                                charges under subparagraph (A) charged 
                                to fuel facility licensees, to the 
                                maximum extent practicable, shall not 
                                exceed an amount that is equal to the 
                                total annual fees collected from the 
                                fuel facilities class under the final 
                                rule of the Commission entitled 
                                `Revision of Fee Schedules; Fee 
                                Recovery for Fiscal Year 2016' (81 Fed 
                                Reg. 41171 (June 24, 2016)), which 
                                amount may be adjusted annually by the 
                                Commission to reflect changes in the 
                                Consumer Price Index published by the 
                                Bureau of Labor Statistics of the 
                                Department of Labor.
                                    ``(II) Exception.--Subclause (I) 
                                shall not apply if the number of 
                                licensed facilities classified by the 
                                Commission as fuel facilities exceeds 
                                seven.
                                    ``(III) Changes to annual 
                                charges.--Any change in an annual 
                                charge under subparagraph (A) charged 
                                to a fuel facility licensee shall be 
                                based on--
                                            ``(aa) a change in the 
                                        regulatory services provided 
                                        with respect to the fuel 
                                        facility; or
                                            ``(bb) an adjustment 
                                        described in subclause (I).''; 
                                        and
            (3) in clause (iii), as redesignated by paragraph (1) of 
        this section, by striking ``clause (i)'' and inserting ``clause 
        (i) or (ii)''.

SEC. 6. TECHNICAL CORRECTION.

    Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) 
is amended--
            (1) by striking the third sentence and inserting the 
        following:
            ``(3) Limitation on utilization facilities.--The Commission 
        may issue a license under this section for a utilization 
        facility useful in the conduct of research and development 
        activities of the types specified in section 31 if--
                    ``(A) not more than 75 percent of the annual costs 
                to the licensee of owning and operating the facility 
                are devoted to the sale, other than for research and 
                development or education and training, of--
                            ``(i) nonenergy services;
                            ``(ii) energy; or
                            ``(iii) a combination of nonenergy services 
                        and energy; and
                    ``(B) not more than 50 percent of the annual costs 
                to the licensee of owning and operating the facility 
                are devoted to the sale of energy.'';
            (2) in the second sentence, by striking ``The Commission'' 
        and inserting the following:
            ``(2) Regulation.--The Commission''; and
            (3) by striking ``c. The Commission''and inserting the 
        following:
    ``c. Research and Development Activities.
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Commission''.
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