ML19255J082
| ML19255J082 | |
| Person / Time | |
|---|---|
| Issue date: | 01/12/1983 |
| From: | Tourtellotte J NRC - REGULATORY REFORM TASK FORCE |
| To: | |
| References | |
| TASK-PICM, TASK-SE SECY-83-012, SECY-83-12, NUDOCS 8301210308 | |
| Download: ML19255J082 (29) | |
Text
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January 12, 1983 SECY-83-12 POLICY ISSUE (Commission Meeting)
MEMORANDuri FOR:
Chairman Palladino Commissioner Gilinsky Commissioner Ahearne Commissioner Roberts Commissioner Asselstine FROM:
James R. Tourtellotte, Chairma Regulatory Reform Task Force
SUBJECT:
PROPOSED LEGISLATION FOR 1983 Attached is a revision of the legislative package which appeared last year in SECY-82-447A. The revision includes all suggestions made by the Commissioners and by the Office of General Counsel.
This paper is scheduled for consideration at an open meeting on Friday, January 14, 1983.
DISTRIBUTION:
Commissioners OGC OPE OCA OIA OPA ED0 ELD ACRS ASLBP ASLAP SECY OI
~
DRAFT BILL To amend the Atomic Energy Act of 1954, as amended, to improve the nuclear powerplant siting and licensing process, and for other purposes.
Be it enacted by the Senate and House of Represer.tatives of the United States of America in Congress assembled, That this Act may be cited as the " Nuclear Powerplant Licensing [ Reform] Act of 1983".
Table of Contents Sec. 2.
Findings and Purposes Title 1 - Siting and Licensing Sec.101. Construction Permits and Operating Licenses Sec. 102. Hearings and Judicial Feview Sec.103. Early Site Review Sec. 104. Approval of Designs
2 Title II - Conforming Amendments Sec. 201. Antitrust Provisions Sec. 202. General Provisions Sec. 203. License Applications Sec. 204 Revocation Sec. 205. License Applications Title III - Effective Date Sec. 301. Effective Date
3 FINDINGS AND PURPOSES SEC. 2. (a)
The Congress, recognizing that a clear and coor-dinated energy policy consistent with public health and safety ~must include an effective arid efficient licensing process for siting, con-struction, and operation of nuclear power reactors which meet applicable criteria, finds and declares that:
(1) interstate commerce is substantially affected by the siting, construction, and operation of nuclear power reactors; (2) meaningful opportunity for public participation in siting and licensing of nuclear power reactors should be assured; (3) it is efficient and in the public interest for the Nuclear Regulatory Commission, for purposes required by the National Environmental Policy Act of 1969 or other provisions of Federal law applicable to its licensing, to rely upon determinations respecting the need for [ power], and preferred type of, new electric generating facilities made by competent Federal, State or regional authorities; (4) the licensing and construction of nuclear power plants would be f sci. Mted and the public health and safety enhanced by the use of p.
..g oved [ standardized] nuclear power [ reactor] p_lant designs, particularly standardized designs; [which reduce the need for individual plant reactor licensing reviews;]
(5) the licensing process would be facilitated by procedures for the selection and approval of a site for a nuclear power plant to be accomplished [at the earliest practicable time] in advance of a commit-ment to construct a particular facility of a specific design at that site;
4 (6) the licensing process would be facilitated if licensing decisions are made at the earliest feasible phase of the process [and, once made,] and if, once decided, licensing issues are not subject to duplicative adjudication in the absence of a compelling showing called for by this Act and the rules and regulations of the Commission; (7) all phases of the licensing process should be handled in timely manner under procedures which, consistent with this Act and the a
rules and regulations of the Commission, assure that adjudicatory procedures are only invoked where a relevant dispute can [only] be re-solved with sufficient accuracy through such' procedures; (8) consistent with the adeauate protection of the public health and safety, the common defense and security, and the environment, the regulatory process should provide greater stability in licensing standards and criteria for approved designs of nuclear power plants; (9) consistent with the Commission's paramount resconsibility to protect the public health and safety, the common defense and security, and the environment, but 7 cognizing that elimination of all risk is an unattainable goal for an/ energy source, it is appropriate and in the public interest for the Commission to consider the economic consequences of its regulatory practices including, but not limited to the cost of safety recuirements; and
[(10) the Nuclear Regulatory Commission should continue to exercise its independent statutory responsibilities to protect the public health and safety, and the common defense and security, taking into account that elimination of all risk is an unattainable goal for any energy source and that the cost of safety requirements should be given consideraticn, consistent with the public health and safety;]
~
5 (10) the principal purpose of the hearings provided for in section 189 a. of the Atomic Energy Act of 1954 is to resolve issues of fact in dispute between the parties to the procceding.
(b) The purposes of this Act are:
(1) to facilitate the use of pre-approved sites and designs for nuclear power plants; (2) to provide for the issuance of a combined license to construct and to cperate a nuclear power plant under conditions which assure the continued protection of the public health and safety, [and]
the common defense and security, and the environment; (3) to improve the stability of licensing standards and criteria for nuclear power plants and thus the finality of prior Commis-sion licensing approvals; (4) tc afford a meaningful opportunity for public participa-tion at the er.rliest practicable phases of the licensing process for the approvals of sites and designs for nuclear power plants [;], and in the proceeding to approve the construction of a particular nuclear power reactor at a particular site; and by assuring that adjudicatory proce-dures are only invoked where a relevant dispute [only] can be resolved with sufficient accuracy through such procedures.
5 TITLE I - SITING AND LICENSING CONSTRUCTI0h PERMITS AND OPERATING LICENSES Sec. 101. Section 185 af the Atomic Energy Act of 1954, as amended, is amended to read as fol'ows:
"Sec. 185. CONSTRUCTION PERMITS AND OPERATING LICENSES. --
"a.
All applicants for licenses to construct or modify production or utilization facilities shall be initially granted a construction permit after providing an opom;tunity for public hearing oursuant to section 189 of this Act and if the application is otherwise acceptable to the Commission. Upon the completion of the construction or modifica-
, tion of the facility, upon the filing of any additional information needed to bring the original application up to date, after providing an opportunity for public hearing pursuant to section 189 of this Act, and upon finding that the facility authorized has been constructed and will operate in conformity with the application as amended and in conformity with the provisions of this Act and of the rules and regulations of the Commission, and in the absence of any good cause being shown to the Commission why the granting of an operating license would not be in accordance with the provisions of this Act, the Commission shall there-upon issue an operating license for the applicant.
For all other purposes of this Act, a construction permit is a ' license'.
["b. In making a determination en the issuance of any permit or license, the Commission is authorized to rely upon the certification of
7 need for power made by any competent Federal, regional, state or local government organization.
Certification shall constitute a conclusive determination of need for the power to be provided by the facility for the purpose of any other 3pplicable provision of Federal law which the Commission must satisfy to issue a permit or license under this sec-tion.]
["c.] "b.
Notwithstanding any other provision of this section, the Commission shall issue to the applicant a combined construction permit and operating license for a [ production or ut.lization] thermal neutron power generation facility after providing an opportunity for public hearing pursuant to section 189 of this Act, if the application contains sufficient information to support the issuance of both a construction permit and a_n operating license in accordance with the rules and regu-n lations of the Commission and to enable the Commission to make the determinations relating to the common defense and security and the public health and safety required by this Act.
After issuance of a combined construction permit and coerating license for a [ production or utilization] thermal neutron power generation facility, the Commission shall assure [ solely] [through inspections and tests,] that construction
[andoperation]iscompletedinconiormitywiththecombined construction permit and operating license, consistent with the rules and regulations of the Commission.
Prior to the commencement of operation, the Commission shall publish notice of intended operation as reouired by section 189 a.(1)(C), and shall find that the facility has been constructed and will operate in conformity with the combined construction permit and operating license, the provisions of this Act, and the rules and regulatia's of the Commission.
[ Prior to the
8 commencement of operation, the Commission shall find that the facility has been constructed and will operate in conformity with the combined construction permit and operating license, the provisions of this Act, and the rules and regulations of the Commission.] [ Prior to the commencement of operation, 1e Commission shall also conduct a review of any issues that are requirem to be considered pursuant to the National Environmental Policy Act of 1969 and that were not considered in a prior proceeding for the facility before the Commission.] The Commission by Rule ur Order may allocate any review reouired by the National Environmental Policy Act of 1969 between its review of the combined construction permit and operating license application and its subsequent verification that the facility has been completed in conformity with the combined construction permit and operating license and would operate consistent with the rules and regulations of the Commission."
"c.
In making a determination on the issuance of any permit or license under this section, the Commission is authorizeo to rely upon certifications of need for the facility and of the preferred type of generating capacity if the Commission finds: (i) that such certifica-tions are made by a Federal, regional, State or local governmental organization that is authorized by law to make such certifications; (ii) that the certifying organization has used procedures substantially ecu' valent to those that would be employed by the Commission for deter-m, nations under the National Environmental Policy Act of 1969, and (iii) iy the case of certifications of the preferred type of generating capacity, that the certifying organization has considered alternati";
energy sources. Such certifications shall be binding on the Commission, and the Commission shall incorporate such certifications in any
g environmental impact statement pertaining to the facility.
Such certifications sstisfy any recuirements under the National Environmental Policy Act of 1969 or any other provision of Federal law for Commission review and an alysis of the need for the facility or alternative tyoes of generating capacity. The certifying organization shall de'3nd any such certification relitd upon by the Commission under this subsection in any action in Federd.1 ccurt authorized under the National Environmental Policy Act of i.969 or other provisions of Federal law.
"d.
T'ie Commission shall not reconsider or modify any determina-tion on an issue that has been considered and decided in any proceeding for the issuance of a permit or license under this section unless the proponent _of the request for such action makes a prima facie showir.g in accordance with procedi:res established by the Commission that such action is requir d to comply with this Act, other provisions of Federal law, cr the Commission's rules and regulations.
10 Sec. 102. Section 189 of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
"Sec. 189. HEARINGS AND JUDICIAL REVIEW.--
"a.
(1) Exce;:t as provided by section 126 of this Act, in any proceeding under this Act, for the granting, suspending, revoking,
_r_er2 wing or amending of any license or construction permit, site permit, e
production or utilization facility design approval, combined con-struction permit and operating license, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, and in any proceeding for the payment of compensation, an award, or royalties under sections 153,157,186c., or 188, the Commission shall grant a hearing in accordance with subparagraph (D) below upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding.
"(A) The Commission shali publish notice in the Federal Register
[at least thirty days prior to the granting] within thirty days after the filing of any application:
(1) under section 103 or 104b. for a construction permit or operating license for a facility, or for a license to manufacture a facility; under section 193 for a site permit or a renewal thereof; under section 194 for a production or utilization facility design approval or a renewal thereof, and under section 185 for a combined construction permit and operating license; (2) under section 104c. for a construction permit or Operating license; and (3) for an anendment to any of the foregoing, except as otherwise provided in subsection 189a.(2).
11
"(B) Within thirty days after the filing of any application under section 194 for the approval of a production or utilization facility design, or for an amendment or renewal of an approved design, the Commission shall give public notice by publishing notice twice in major newspapers having national circulation.
At least sixty days prior to the granting of any application the Commission shall also give such public notice which advises that the Commission is considering granting the application.
"(C) "c Cciamission shall also publish notice in the Federal Register at least one year prior to commencement of operation of any facility for which a combined construction permit and operating license has been issued, a notice that commencement of operation is expected to tc(e place and that the Commission will grant a hearing in accordance with subparagraph (D) below upon the recuest of any person whose interest may be affected by such operation. The Commission shall grant a hearing upon such request, and shall admit any such person as a party to the proceeding.
"(D) Any hearing reau1 red by this section shall be limited to issues that were not and could not have been considered and decided in a prior proceeding before the Commission unless the person recuesting the hearing on the issue makes a prima facie showing in accordance with procedures established by the Commission +Aat significant new information relevant to the issue has been discovered since the prior proceeding and that as a result thereof it is likely that the facility will not comply with this Act, other provisions of Federal law, or the Commission's rules and regulations.
12
"(2)(A)
The Commission may issue and make immediately effective any amendment to an operating license, a combined construction permit and operating license, a construction permit, a design approval or a site permit upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person.
Such amendment may be issued and made immediately effective in advance of the. nolding and completion of any required hearing.
In determining under this section whether such amen ~ ent involves no significant hazards consideration, the Commission shall consult with the State in which the facility involved is located.
In all other respects such amendment shall meet the requirements of this Act.
"(B) The Commissien shall periodically (but not less frequently than once ever thirty days) publish notice of any amendments issued, or proposed to be 1. med, as provided in subparagraph (A).
Each such notice shall include all amerdments issued, or proposed to be issued, since the date of publication of the last such periodic notice.
Such notice shall, with respect to each amendment or proposed amendment (i) identify the facility involved; and (ii) provide a brief description of such amendment.
Nothing in this subsection shall be construed to delay the effective date of any amendment.
"(C) [During the one hundred-eighty day] The Commission shall, during the ninety-day period following the effective date of this paragraph, [the Commission shall] promulgate regulations establishing (i) standards for determining whether any amendment to an operating license involves no significant hazards consideration; (ii) criteria for providing or, in emergency situations, dispensing with prior notice and
13 reasonable opportunity for public comment on any such deter.nination, which criteria shall take into account the exigency of the need for the amendment involved; and (iii) procedures for consultation on any such determination with the State in which the facility involved is located.
"b.
In any Commission hearing pursuant to this section cn an applicaticn for a license to construct or to aperate a production or utilization facility, for the issuance of a site permit, for the ap-prove.1 of a [ standardized] production or utilization facility design, or for the issuance of a combined construction permit and operating li-cense, or for an amendment to or the renewal of any such license or approval filed after the dr.te of enactment of this subsection, the Commission shall first provide the parties to the proceeding an oppor-tunity to submit for the record [such] written data, views, or arguments as the Commission may specify. At the request of any party, the Commis-sion shall provide an opportunity for oral argument with respect to any matter identified in the written submissions which it determines to be in controversy among the parties.
The [ hearing] oral argument shall be preceded by such discovery procedures as the rules of the Commission shall provide.
The Commission shall require each moving party to submit in written form, at the time [the proceeding is initiated,] cf oral argument all the [ facts and arguments] evidence upon which that party proposes to rely that [are] h known at such time to that party.
"c.(1)
At the conclusion of any [ hearing] oral argument under subsection b. of this section, the Commission shall designate any disputed question of fact, together with any remaining questions of law, for resolution in an adjudicatory hraring only if it is determined that--
14
"(A) there is a genuine and substantial dispute of fact
[ involving factual assumptions c methodology upon which expert opinion is based, or concerning the credibility or competence of an expert
- itness significantly relied upon by one or more of the parties to the proceeding,] which can only be resolved with sufficient accuracy by the introduction of [ reliable and specifically identified] evidence in an adjudicatory hearing; and
"(B) the decision of the Commission is likely to depend in whole or in part on the resolution of such dispute.
"(2) In making a determination under this subsection, the Commis-sion shall designate in writing the specific facts that are in genuine and substantial dispute, the reason why the decision of the agency is likely to depend on the resolution of such facts, and the reason why an adjudicatory hearing is necessary to resolve the dispute.
"d.
Any final order entered in any proceeding of the kind spec-ified in this section shall be ;,ubject to judicial review in the manner prescribed in the Act of December c9,1950. as amended (ch. 1189, 64 Stat.1129), and to the provisions of sect on 10 of the
'istrative Procedure Act, as amended.
0GC OPTION SECTION 189 RE'ORAFT Section 189 of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
"Sec. 189.
Hearings and Judicial Review.--
"a.
Rule Mak,ing.
To the extent applicable by 3.ts terms, the Commission shall comply with 5 U.S.C. S 553 in rulemaking.
~"b.
Adjudication.
" (1)
Notice.
Except as provided in paragraph (4),
the Commission shall, at least 60 days prior to grant or denial, arrange for publication of notice in the Federal Recister of the filing of any application for a license, permit or approval under sections 103, 104, 185, 193 or 194.
The Commission shall every 60 days arrange for publication in the Federal Recister of a list of pending applications for licenses for materials under section 53, 62, or 81.
Applf. cations for materials licenses applied for and granted within the 60-day period shall be included in the next list.
" (2)
Hearings.
Except as provided in paragraph (4), any person whose interest may be affected shall be entitled to a hearing in any proceeding under this Act for
the granning, amending, extending, renewing, suspending or revoking of any license, pernit or approval issued under sections 53, 62, 81, 103, 104, 185, 193 or 194.
Hearings with respect to applications, licenses, permits and approvals under sections 103, 104, 185, 193 or 194 may be conducted in accord with hybrid hearing procedures established by the, Commission by rule or order.
Such hybrid procedures shall provide for a two-stage proceeding consisting of (1) an informaf phase which includes opportunity for written comment and, if appropriate, oral presentations, and (2) to the extent that the Commission deems warranted, a formal phase which affords opportunity for the parties to cross-examine other parties' witnesses.
Hearings with respect to other applications, licenses, permits and approvals shall be conducted in accord with procedures established by the Commission by rule or order taking into account (1) the predominant nature of the issues, (2) the magnitude of the interests at stake, and (3) the efficient use of time end resources.
" (3)
The purpose of any hearings required by this subsection is the resolution cf material issues raised by applicants, licensees, and interested members of the public.
"(4)
(Insert Sholly language froT H.R.
2330.]
F
" (5)
Hearings in expt-t license proceedings shall be as provided in section 304 (b) of the Nuclear Non-Proliferation Act of 1978.
"c.
Judicial Review.
Any final order entered in any proceeding of the. kind specified in subsections a. or b.
shall be subject to judicial review in the matnner prescribed in the Act of December 29, 19'50, as amended (ch. 1139, 64 Stat. 1129), and to the provisions of section 10 of the Adninistrative Procedure Act,'as amended."
O e
18 EARLY SITE REVIEW 5ec. 103 The Atomic Energy Act of 1954, as amended is amended by adding a new section 193 to read as follows:
"Sec. 193 EARLY SITE REVIEW.--
"a.
The Commission is authorized to issue a site permit for approval of a site or sites for one or rore production or utilization
[ thermal neutron power generation] facilities upon the application of any [ utility, Federal, regional, State, or local government agency]
person notwithstanding the fact that no application for a construction permit or a combined construction permit and operating license for such facility or facilities has been filed. The Commission may issue a site permit with respect to limited aspects of the suitability of the site for its intended purpose, under relevant rules and regulations of the Commission.
For all purposes of this Act, a site permit is a ' license'.
"b.
Notwithstanding section 161 w. of this Act or the Independent Offices Appropriation Act of 1952, no application filing or issuance fees shall u required for an application for a site pc mit, an amend-ment, or a renewal of a site permit under this sr.ction. The Commission is authorized to allocate the costs that would otherwise have been defrayed by fees required of s # icants under this section among appli-cants for permits or licenses which propose to use the approved site in a manner that will assure full cost recovery by the Commission. [If no application for construction of a production or utilization [ thermal neutron power generation] facility is filed within the initial ten year
19 approval period, the fee shall become immediately due and payable by the applicant for the site permit.]
"c. [(1)] Each apolication under subsection a. shall be in writing and shall contain infomation required by the Commission in its rules and regulations to determine the suitability of tne site for its intended purpose.
["(2)
For purposes of any evaluations and determinations relating to the approval of a proposed site under this section which may be required for the purposes of any other provision of Federal law which the Commission must satisfy and applicable rules and regulations of the Commission, a finding of a generic future need for electric power, whether made by the Commission, or any competent Federal, State, or regional agency, shall consti'.ute a conclusive determination that there is a need for the power pri^osed to be provided at the site.]
"d. [(1)
If] After considering all information submitted in the application and after providing an opportunity for hearing pursuant to section 189 of this Act, the Commission shall issue [an approval] a site permit if it determines that such approval will not be inimical to the common defense and security or to the health and safety of the public.
["(2) Any final determination of the Comission on an application filed pursuant to this section shall be a final order of the Commission for purposes of judicial review.]
"e. (1) A site permit issued Sv the Commission under this section snall be [ conclusive] valid with respect to an application for a con-struction permit or a combined construction permit and operating license which meets the conditions of the site permit and is filed within a period of ten years from the date of issuance of the site permit.
20
"(2)(A) No less th n twelle or more than thirty-six months prior to the expiration of the t;n year period, the holder of the site permit may apply for a renewal of the site permit.
Upon review by the Commis-sion, the Commission may renew for good cause shown a site permit for an additional period of time of not less than five or more than ten years from the date of renewal, pursuant to appropriate Commission rules and regulations.
"(B) Upon application for renewal of a site permit pursuant to subparagraph (A), the Commission shall renew the site permit unless it finds that significant new information relevant to the site has become available and it is likely that the site wiil not comply with this Act or the Commission's rules and regulations.
[for protection of the public health and safety or the common defense and security.]
"f.
Approval of a site under this section shall not preclude its use as a site for an alternate or modified type of energy facility or for any other purpose. Other uses not considered in the approval may, however, affect the validity of the site permit or the condit0:ns of its use for nuclear power plant siting [a thermal neutron power generation facility] as the Coirmission may determine.
["g. Nothing in this section shall preclude the Lommission from considering a request for a determination with respect to limited aspects of the suitability of the site for its intended purpose, under relevant rules and regulations of the Commission.]
["g. Prior to the issuance of a site permit under this section, the Commission shall prepare an environmental impact statement pursuant to section 102 (2)(C) of the National Environmental Policy Act of 1969.
Pursuant to such Act, the impact statement shall consider to the extent
21 practical all environmental impacts associated with construction and operation of the facility or facilities proposed to be constructed on the site for which the site permit is sought:
Provided, however, That such impact statement need not contain an assessment of the need for power to be generated by the proposed facility or facilities, or of alternative generating sources.]
"g.
The Commission by Rule or Order may allocate any review by the National Environmental Policy Act of 1969 between its review of the early site permit applications, and its consideration of an applicable construction permit or combined construction permit and operating license application."
"h.
Following the issuance of a site permit under this section, and in any subsequent Commission proceedi q involving a site for which a site permit has been granted under this section, the Commission shall not reconsider or modify any determination on an issue that has been considered and decided in the site permit proceeding unless the propo-nent of the reouest for such action makes a prima facie showing in accordance with procedures established by the Commission that such action is recuired to comply with this Act, other provisions of Federal law, or the Commission's rules and regulations.
"i.
Sny final determination of the Commission on an application filed pursuant to this section shall 'e a final order of the Commission for racposes of judicial review.
22 APPROVAL OF DESIGNS Sec.104. The Atomic Energy Act of 1954, as amended, is amended by adding a new section 194 to read as follows:
"Sec. 194.
APPROVAL OF DESIGNS.--
"a.
The Commission is authorized and directed to establish proce-dures permitting the approval of [ standardized production or utilization facility] designs for thermal neutron power generation facilities, notwithstanding the fact that no application for a construction permit or combined construction permit and operating license for such facility has been filed.
The Commission may also consider, in accordance with its rules and regulations, requests under this section for the approval of the design for any major subsystem which represents a discrete element of a thermal neutron power generation facility.
"b.
Notwithstanding section 161 w. of this Act or the Independent Offices Appropriation Act of 1952, no application filing or issuance fees shall be required for an application for a design approval. an amendment, or a renewal of an approval of a [ production or utilization]
facility design under this section.
The Commission is authorized to allocate the costs that would otherwise have been defrayed by fees required of applicants under this section among applicants for permits or licenses which propose to use the approved [ standardized] plant desian in a manner that will assure full cost recovery by the Commis-sion.
If no application for construction of a [ production or uti-lization] facility is filed within the initial ten year approval period,
23 the fee shall become immediately due and payable by the applicant for the design approval.
"c.
Each application for an approval under subsection a. shall be in writing and shall contain information required by the Commission in its rules and regulatio1s to determine the suitability of the design for its intended purpose.
"d. [(1)
If,] Afte considering all information submitted in the applicaticn, and after pr.viding an opportunity for hearing pursuant to section 189 of this Act, the Comission shall issue an approval if it determines that such approval will not be inimical to the comon defense and security or to the health and safety of the public.
["(2) Any final determination of the Commission on an application filed pursuant to this section shall be a final order of the Commission for purposes of judicial review.]
"e. (1)
Any approval issued by the Commission under this section shall be [ conclusive] valid with respect to an application for con-struc* ion permit or a combined ccnstruction permit and operating license which meets the conditions of the approval and is filed within a period of ten years from the date of approvt.1.
"(2) (A)
No less than twelve or more than thirty-six months prior to the expiration of the ten year period provided under paragraph (1), the entity to whom the approval was issued may apply for renewal of the approval.
Upon review by the Commission, the Commission may renew the approval for an additional period of time of not less than five or more than ten years from the date of renewal pursuant to such rules and regulations as the Commission may deem appropriate.
24
"(B) Upon application for renewal of an approval issued pursuant to subsection a., the Commission shall renew the approval unless it finds that significant new information relevant to the design has become available subsequent to its approval and that as a result it is likely that the design will not comply with this Act or the Com-mission's rules and regulations.
[for the ;,rotection of the public health and safety or the common defense and security.]
["f.(1) The Commission may also consider, in accordance with its rules and regulations, requests under this section for the approval of the design for any major subsystem which represents a discrete element of a production or utilization facility.
"(2) Nothing in this section shall preclude the Commission from promulgating rules in accordance with section 553 of title 5 of the United States Code which set forth standards and criteria for production or utilization facility designs, or which approve their designs for facilities, or for their subsystems, as defined by the Commission.]
"f.
Following the issuance of a design accroval under this sec-tion, and in any subsequent Commission proceeding involving a facility design for which a design approval has been granted under this section, the Commission shall not reconsider or modify any determination on an issue that has been considered and decided in the design approval proceeding unless the proconent of the recuest for such action makes a prima facie showing in accordance with procedures established by the Commission that such action is recuired to comply with this Act, other provisions of Federal law, or the Commission's rules and regulations.
25 "g.
The issuance of a design approval under this section shall not recuire the preparation of an environmental impact statement pursuant to section 102 (2)(C) of the National Environmental Policy Act of 1969.
"h.
Any final determination of the Commission on an application filed under this section shall be a final order of the Commission for purposes of judicial review.
"i. (1)
The Commission shall approve an amendment to a desion approval issued under this section upon application by the holder of the design approval if, after providing an opportunity for hearing pursuant to section 189 of this Act, the Commission determines that the amendment will comply with this Act and the Commission's rules and regulations.
(2) Any amendment approved by the Commission under paragraph (1) shall apply to any application for a construction permit or combined construction permit and operating license referencing the design approval for which the amendment has been granted that is filed after the effective date of such amendment.
(3) Any amendment approved by the Commission under paragraph (1) shall not apply to an application for a construction permit or combined construction permit and operating license referencing the design approval for which the amendment has been granted that is filed before the effective date of each amendment unless (A) the applicant recuests that such amendment apply to the application, or (B) the recuirements of subsection (f) are satisfied with respect to the amendment.
"j.
Any application for a construction permit, an operating license or a combir.ed construction permit and operating license referencing a design approval issued under this section may include a
26 reauest for a variance from one or trare elements of the design approval.
Such recuests for a variance shall be granted if the Comission determines that the variance will comply with this Act and the Comission's rules and regulations. Any variance issued under this section shall be limited to the permit or license for which such variance has been requested.
27 TITLE II --CONFORMING AMENDMENTS ANTITRUST PROVISIONS Sec. 201. Subsection 105 c. of the Atomic Energy Act of 1954, as amended, is amended in the first sentence of paragraph (2) by inserting "and/" after the word " construct".
GENERAL PROVISIONS Sec. 202. Section 161 o. of the Atomic Energy Act of 1954, as amended, is amended by inserting the words "or approvals authorized by sections 193 and 194" after the number "104".
Sec. 203. Subsection 182 b. of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
"b.
The Advisory Committee on Reactor Safeguards shall review each cpplication under section 103 or section 104 b. for a construction permit and/or an operating license for a facility; any application under section 104 c. for a construction permit and/or operating license for a testing facility; any application under section 104 a. or c.
specifically referred to it by the Commission; any application for a site permit under section 193; any proposed approval for a facility design under section 194; and any application for an amendment to a construction permit or to an operating license under section 103 or 104 a., b., or c. or an amendment or renewal of a site permit under section 193 or an amendment or renewal of an approval for a facility design
28 under section 194 specifically referred to it by the Commission, and shall submit a report thereon which shall be made a part of the record of the application and available to the public except to the extent that security classification prevents disclosure.
REVOCATION Sec. 204. Section 186 a. of the Atomic Energy Act of 1954, as amended, is amended by inserting the words " sections 182, 185, 193 and 194" after the words " required under".
Sec. 205. The table of contents for the Atomic Energy Act of 1954, as amended, is amended by changing the title of Section 185 to read
" Construction Permits and Operating Licenses" and by adding the follow-ing after Section 192:
"Sec. 193.
Early Site Review.
"Sec. 194.
Approval of Designs.
E 29 TITLE III -- EFFECTIVE DATE Sec. 301. All sections of this Act shall take effect as of the date of enactment, and shall apply to all proceedings [pending as of the date of enactment or] commenced on or after the date of enactment. The Commission, in its discretion, may apply the sections of this Act, including the revised hearing procedures under section 189 b.,
to proceedings pending as of the date of enactment.