ML19340D098
| ML19340D098 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/1978 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| Shared Package | |
| ML19340D094 | List: |
| References | |
| NUDOCS 8012290069 | |
| Download: ML19340D098 (51) | |
Text
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UNITED STATES
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k NUCLEAR REGULATORY COidMIS$6A,,,.,,,,..
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j WASHINGTON, D. C. 20555
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T March 20,1978 o
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MEMORANDUM FOR:
Chairman Hendrie Commissioner Gilinsky j;;.:
Commissioner Kennedy Commissioner Bradford e.
FROM:
Howard K. Shapar
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Executive Legal Director 7..
SUBJECT:
DOE NUCLEAR LICENSING REFORM BILL Last Friday, March 17, 1978, the Department of Energy sent the nuclear licensing reform bill to the Congress. The bill was entitled " Nuclear Siting "7;
and Licensing Act of 1978." In forwarding the bill, Secretary Schlesinger stated that the present " cumbersome and uncertain nuclear power plant licensing process serves as a major constraint to nuclear power as a viable option," and that the bill "would minimize this constraint so that electric utility management, the public and the affected government agencies could be able to make decisions in the framework of a stable, predictable licensing process." The accompanying fact sheet indicated that the bill should reduce the time of the nuclear power plant siting and licensing process from 10 to 12 years to 6 to 7 years. The Shoreham case, where licensing was delayed
.g because of the 1971 Calvert Cliffs' decision, was cited as an example of the
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problems in the. licensing process.
A comparative text of the bill sent to the Congress and the.,anuary 4,1978 draft DOE billis attached. The bill is the same as the bill forwarded by OMB to interested agencies on March 15, 1978, and described in my memorandum t
for the Commission, dated March 16, 1978, except that language was added I
to sections 185a and b (pages 7, 8 and 9 of the comparative text) which would M
-l require utilities seeking state certification of need to present to the state and.
[7 ll the public a detailed statement of the reasons for the need for power and all
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- j reasonable conservation alternatives and provide for State defense of certifica-l tion in Federal courts in a NEPA action. A few minor corrective changes were i
also made to the March 15,1978 draft.
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i Martin G. Malsch 492-7203
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The Commissioners The bill presents several problems, most notably:
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(1)
A State decision on environmental impact issues will be binding
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on NRC if rendered as part of an NRC-approved State NEPA pi program. Absent new information, a State decision on environ-6 mental impact issue ; made apart from an NRC-approved State r
NEPA program will also be binding on NRC because of the limitation on NRC litigation of issues that could have been or were raised in a prior State proceeding. A State decision on need for power issues will not only be binding on NRC by these two methods, but will also be binding on NRC if made
- e as part of a State need for power certification. The rationale
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for requiring that NRC review and approve a State NEPA pro-grr, when binding determinations can be made outride an app.oved program is unclear.
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(2)
The President de:cided that the State NEPA hearing format should be comparable to that used in NRC NEPA hearings, as urged by CEQ, but then also decided that both NRC and State NEPA hearings could be hybrid in nature, as opposed to entirely adjudicatory. It is unclear why NEPA issues and Atomic Energy Act issues are so dissimilar as to warrant a different type of hearing. Besides, the bill in several places includes protection of the environment as an Atomic Energy Act requirement, thus making it difficult to distinguish NEPA and Atomic Energy Act issues. Also, absent new information, State decisions on NEPA issues will be binding on NRC regardless of the nature of the State hearing. In this respect the bill, as drafted, undercuts the President's decision on NEPA hearing compatibility.
(3)
In explaining why DOE took the lead in drafting the bill, DOE l
stated that "The Department of Energy activities regarding the development of this bill have been limited to provisions which would result in expediting and accelerating the current 7..
process.... The Administration felt that it would be inappropriate for the NRC, as the independent regulator, to initiate actions designed to encourage and accelerate the nuclear siting and z..
licensing process. This bill was viewed in the broader context of energy supply, and therefore it was concidered appropriate
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for DOE to develop this legislation."
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The Commissioners p (4)
The value of the interim licensing concept has been substantially E
diminished by requiring, prior to granting an interim license or operating authorization, that formal hearings on "significant, 6
site specific issues... pertaining to public health and safety or the common defense and security" be complete'd.
(5)
The bill forwarded to the Congress contains two features objected to by NRC in its October 26, 1977 comments to OMB and omitted from the January 4,1978 and some earlier drafts of the bill - the definition of "at the applicant's risk" and the inclusion of State proceedings in the provision restricting relitigation of issues.
On the first point, the bill defines "at the risk of the applicant" as not prejudicing subsequent safety or other Commission reviews, thus reversing the Commission's Seabrook decision on treatment of sunk costs. On the second point, the Commission opposed the provision whereby opportunity to litigate issues in a
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prior State proceeding would limit litigation before NRC on the ground that the State NEPA provisions of the bill adequately addressed this issue.
(6)
As noted in my March 16, 1978 memorandum, a number of other significant Commission comments in its October 26,1977 letter to OMB remain unresolved.
A Howard K. Shapar Executive Legal Director
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Attachment:
stv As stated cc:
L. V. Gossick E. G. Case L
J. L. Ryan
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C. V. Smith, Jr.
K. S. Dederson J
J. Kelley 7~
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COMPARATIVE TEXT o..J
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\\ \\.a Findings and Purposes 1
Sec. 2.
(a)
The Congress, recognizing that a clear and ie coordinated energy policy consistent with sound safety and environmental controls must include an. effective and officient h
licensing process for siting, construction, and operation of
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nuclear power reactors which meet applicable safety and environmental criteria,. finds and declares that:
(1) the national interest requires improved planning
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for future energy supply and demand; (2) interstate commerce is substantially affected by s
the siting, construction, and operation of nuclear power reactors; (3) the national interest requires full and open public participation in planning, siting, and licensing of nuclear power reactors; (4) determinations respecting the need for new electric generating facilities, including nuclear power reactors, and the environmental impacts of such facilities,, should be made 1
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in a timely manner by competent State or regional authorities l
and such determinations should not be duplicated by the t
Federal Government;
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- Deletions from January 4,1978 bill bracketed and lined through; i,.;
additions underscored.
Changes in bill section numbers not noted.
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(5) where States do not elect to make site-specific environmental or general facility need determinations respecting nuclear power reactors, the national interest in
.the timely completion of such reviews and determinations warrants Federal exercise of the authority to make these 7;
. determinations; (6) it is in the national interest that planning 'for energy facility siting and need for power determinations be made consistently with national energy priorities, including the minimization of the use of oil and natural gas and the reduction of oil imports; (7) decisions on the need for energy facilities necessarily entail a balanced consideration of alternative sources of energy including but not limited to conservation, solar energy, coal-fired and nucinar powared generating plants and other economically feasible technologies; (8) siting and construction of nuclear power reactors may be facilitated by use of standardized nuclear power d
+6 reactor designs which reduce the n'eed for individual reactor licensing reviews; and (9) the Nuclear Regulatory Comaission should continue t'o exercise its independent statutory responsibilities to protect the public health and safety and the common defense eh t
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a and security, taking into account that absolute safety is an unattainable goal for any energy source, that the cost of additional safety requirements should be given consideration, and that adequate protection of the health and safety of the public, in accordance with high standards established by the Commission, is the paramount consideration.'
(b)
The purposes of this Act are:
(1) to improve the effectiveness and efficiency of the i
nuclear power reactor licensing process, consistent with sound environmental, safety and security principles; 7
(2) to provide for early site reviews and open advance planning that will ensure needed electric generating facility siting; (3) to protect the public interest and insure early 1
and open public participation in the nuclear power reactor j
licensing process; 9
.(4) to. recognize the interests of the regions, States, i
F and subdivisions thereof in nuclear power reactor siting; 1
(5) to facilitate the use of standardized facility designs for nuclear power reactors; and o *
(6) to provide for a more coherent allocation of nuclear power reactor review responsibilities and for cooperation and coordination between the Federal Government and the States [,;rd #0r eth:r purpo:c:].
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TITLE I - PLANNING, SITING AND LICENSING
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Advance Planning and Early Notice Y
a;e Sec. 101.
The Atomic Energy Act of 1954, as amended, is amended
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....e by adding a new section 112 to read as follows:
"SEC. 112.
ADVANCE PLANNING AND EARLY NOTICE.--
"a.
The Commission [4e-airthee4eed-and dircet:d to shall take such T-action as it may deem necessary or desirable, including establishment of Ei Commission priorities in reviewing license or permit applications, to encourage or require persons proposing to construct and/or operate nuclear power reactors and persons proposing to obtain site, permits for such facilities as provided by section 193 to engage in open and advance planning for the l
addition of such generating capacity and the selection of such sites, with opportunity for the Commission and interested
.g persons to participate in such open and advance planning.
Such planning shall consider projections of future energy b
supply and demand developed by a State, authorized interstate
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or regional organization or the-[ p
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and advance planning under this subsection is intended to promote the early identification and resolution of issues
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which may exist with respect to a potential site or facility.
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The Commission by rule or, regulation shall establish guidelines 5
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for participation in open and advance planning and shall E'
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5 establish its priorities for reviewing licenses and permits.
[Ee m]
Proposed guidelines and priorities shall be published in the Federal Register
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a minimum of ninety days before they are to take effect.
Within sixty days after publication, the Commission shall hold an informa'l public hearing "7[
conducted without regard to section 554, 556 or 557 of Title 5 of the United Statec Code to consider comments prior to putting final guidelines and priorities into effect.
"b.
The Commission [is-edci;d and-dincza to) shall require 5=
by rule or regulation that a person proposing to obtain approval of a standardized facility design, to construct and/or operate a production or utilization facility for industrial or commercial purposes, or to obtain a site permit for such a facility, provide notice of intent to file the application not less than six months prior thereto to the Commission and, except with respect to an application for approval of a
,.y standardized facility design, to the State in which the
_,,es f_acility is proposed to be located or the site is located.
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Within ten days of receipt of the notice of intent, the Commission shall publish or cause.to be published the
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notice once in the Federal Register, and twice in such major
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. newspapers serving the affected areas as may be reasonably A
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calculated to notify concerned or affected persons, except
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Otandardized facility design, newspaper publication shall be 2.I.2
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'in such major newspapers as may be reasonably calculated to
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casure a broad national circulation.
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The Commission shall participate in the it'*.***~
cdequacy and reliability programs of the Department of
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." Energy under section 202 (a) of the Federal Power Act."
.:g Construction Permits and Operating Licenses W
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..n Sec. 102.
Section 185 of the Atomic Energy Act of
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".SEC. 185.
CONSTRUCTION PERMITS AND OPERATING LICENSES
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- a.
All applicants for licenses to construct or modify production or utilization facilities shall, if the application is otherwise acceptable to the Commission, be
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initially granted a construction permit.
The Commission
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chall not issue a construction permit for a thermal neutron 55.!
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power generation facility unless the State or a political
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cubdivision within the State which has direct authority over Wii olectric generating facilities-within its jurisdiction or
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cther authorized public authority, after holding a h' ear'ing
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under procedures comparable to those that woiild 6e employed
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Environmental Policy Act of 1969, as amanded, certifies 3
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t to the Commission the specific need for the facility,.except that if no public authority is authori cd to issue such certification, the requirement for certification shall be Waived.
Anv entity holdine a certification hearinc under this subsection shall hereinafter be referred'to as the State.
No less than 60 davs orier to the commencement of a State certification hearine under this subsection, the applicant shall present to the State, and shall make available to the_public, a detailed statement'of the reasons for the_need for power and all reasonable conservation alternatives.
Such certification shall constitute a definitive determination of need for the power to be provided by the facility for the purposes of any l
other provision of Federal law.
The State shall defend any determination of a certification hearine under this_ subsection in Federal Court in anv action authorized under the Nati_onal Environmental Poliev Act of 1969, as amended.
The Commission shall provide for on-site inspection of the construction of (tte}
nroduction or utilization facility to ensure conformity a
with the application and the construction permit, as amended, and with the rules and regulations of the Commission.
Upon the filing of any additional information needed to bring the original application up to date, and upon finding that the p
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 reculations of the Commission, and in the absence of any good cause 9 m e 4
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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 thereupon issue an operating
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license to the applicant.
Nor all other purposes of this Act, a construction permit is deemed to be a ' license'.
"b.
Notwithstanding any other provision of this section, the Commission may issue to the applicant a combined construction permit and operating license for a thermal neutron power generation facility, if the application contains sufficient information to support the issuance of' both a construction permit and operating license in accordance with the rules and regulations.of the Commission and to enabic the Commission to make the determinations relating to the common defense and security and the public health and safety required by sections 103 and 182.
The Commission shall not issue a combined construction permit and operating license unless the State or a political subdivision within
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the State which has direct authority over electric gen-l erating facilities within its jurisdiction or other authorized l
public authority, after holdina a hearine under or'ocedures comparable to those that would be employed by the Commission fo'r determinations under the National Environmental Pollev
._T Act of 1969, as amended, certifies to the Commission the 2.
I specific need for the facility, except that if no public authority is authorized to issue such certification, the requirement for certification shall be waived. 'Any entity holding a certification hearing under this subsection shall
hegwunwitw be kwierred tu a the Stwtw.
he Iwas then 60 dsys Drior to the commencement of a State certification hearing undcr_
this subsection, the acclicant shall cresent to the State, and shall make available to the oublic, a detailed statement __of the reasons for the need for cower:and all reasonable conservation alternatives.
Such certification shall constitute a definitive determination of need for the power to be provided by the facility for the purposes of any other provision of Federal law.
The State shall defend anv deternination of a certifi-cation hearing under this subsection in Federal _ Court in any_
action authorized under the National Environmental Poliev Act of 1969, as amended.
The Commission shall provide for on-site inspection of the construction of the facility to ensure conformity with the application and the combined construction permit and operating license, as amended, and with the rules and regulations of the Commission.
Prior to the 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 commencement of operation the Commission shall publish notice of intended op'eration as required by section 189 a.
(2).
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"c.
In addition to any other authority the
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Commission may have, the Commission may permit an ' applicant I
for a construction permit'for a production or utili5ation l
l facility or combined construction permit and. operating, 9
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license for a thermal neutron power generation [predtz-t;.vc-c; utilleetsm]
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facility to prepare the proposed facility site for construction and perform such limited construction activities thereat as the Commission shall by rule,
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regulation or order determine to be permissible, upon [ti'] determining r
11[ that all findings required to be made by the Commission, a State, or an authorized regional organization [pric to isseenee-ef-c ccnstreetim-pemit
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= catined ccnstetseticn p:=.it-emi-epere:ing -li;casc] under the National Environmental Policy Act of 1969, as amended, or under section 195, prior to issuance of a construction permit or a combined construction permit and operating license, have been made, (2) ffinding]
on the basis of the available irformation and review to date that there is reasonable assurance that the proposed site is a suitable location for a facility of the general size and type proposed from the standpcint of the protection of the health and safety of the public, and (3)[he.hsng] if and to the extent that any safety-related construction activities are sought to be undertaken, that there are no significant unresolved public health and safety issues with respect to such activities.
Such activities shall be conducted at the risk l
of the applicant and shall be subject to termination or modification by the Commission at any time.
rat-th e-ris k-ef-t he-a pp44ea n t-me a ns-th a t-a ny-a c t i v i ti e s-u n de r t a k en-by-t h e-a p p14 e a n t-s h all-n e t-4 n-a ny-way-pred ed4 e e subsequent-safety-er-ether-rev4ew-and-des 4s4en'hy-the-Gems 4ss4en-en.
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Safety-related construction activities undertaken pursuant as to this subsection shall not proceed [beyens-e! more than one year [peries]
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cause shown, extends such period.
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11 "d.
Nothing in this section shall affect the authority of any State I
or local governmental unit with respect to the issuance of any required permit
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or license for the siting, construction or operation of a production or
""Z utilization facility.
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Nothing in this section shall affect the
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a requirement that antitrust review shall be completed prior
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' construction permit and operating license, including'where
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g.:.:t necessary a hearing on antitrust issues as provided by 7
sections 105 c. and 189 a."
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Hearings Sec. 103.
Subsection 189 a. of the Atomic Energy Act
-J of 1954, as amended, is amended to read as follows:
"a.
HEARINGS.--
" 'll (A) ' Except as led =,rr~fidh by thi-rd ass]
provided by section ^.26 and by paragraph (2) of this subsection,in any proceeding under this Act for the granting, suspending, revoking, j
, renewing or amending of any license (other than a manufacturing license issued pursuant to section~194), construction permit, or application to transfer control, in any proceeding for the suspending, revoking, renewing or amending of a site f{
permit, in any proceeding for the payment of compensation,
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an award or royalties under section 153, 157, 186 c.,
or
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.l 188, in any proceeding for authorization to prepa,re a facility
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site or perform limited construction activitiec, uder section
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12 185 c., [arx!] oz in any proceeding for the suspending, revoking, amending or renewing of an approval of a standardized facility design or major
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subsystem thereof under section 194, the Comission shall grant a hearing upon the request of any person whose interest may be affected by the proceed-
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ing, and shall admit any such person as a party to such proceeding.
In any proceeding under section 103 or sec' tion 104 b. for a combined construction permit and operating license, under section 193 for the granting of a site permic, or under
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section 194 for approval of a standardized fai::ility design
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or major subsystem thereof, the Commission shall hold a
'i hearing and shall admit any person whose interest may be i
affected as a party to such proceeding.
'i (B)
Hearings and decisions on issues arisina under this Act in proceedings under this paragraph shall be i
j in accordance with sections 554, 556, and 557 of Title 5 of the United States Code.
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(C)
Hearings and decisions on issues arisina
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l under the National Environmental Policy Act of 1969, as amended, in proceedings under this paragraph shall be in y
accordance with section 553 of Title 5 of the United' States Code except that, only where necessary to resolve particular factual or legal cuestions which are essential to the outcome of the proceeding, the hearing and decision shall be ll~
in accordance with sections 554, 556, and 557 of Title 5 n#
the United States Code _.
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(D)
Any other proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees or holders of site permits shall be "X
conducted in accordance with section 553 of Title 5 of the
=b United States Code.
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"(2) (A) With respect to a'ny application
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under section 103 or sec: tion 104 b. for a license to manufact-s. ---.
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a facility (other than a manufacturing license issued pursuan:
5 to section 194), any application under section 103 or section
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104 b. for a construction permit or operating license for a X
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facility, any application under section 104 c.
for a con-
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struction permit or operating license for a testing facility,
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i any application for an amendment or renewal of a license to manufacture or an amendment or a renewal of a construction permit or operating license for such facilities, any applica" J. _
e under section 193 for an amendment or renewal of a site C
permit, or any application under section 194 for the amendmen:
or renewal of an approval of a standardized facility design
- ..._f or major subsystem thereof, the Commission shall publish once in the Federal Register and twice in such major newspaparr serving the affected areas as may be reasonably calculated (except that with
' to notify concerned or affected persons respect to an application under section 194 for an amendment
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or renewal of'an approval of a standardized facility design
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or a major subsystem thereof, newspaper publication shall be
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in such major newspapers as may be reasonably calculated to assure a broad national circulation), within thirty days after the receipt of any such application notice of the receipt thereof, and at least one hundred eighty days
[ (th i r ty-da ys -4 n-th e-e a s e-e f-e p p? 4 e e t i e ns -fe r-ame n dme n ts-te-me n e f a c t er4 n g-a nd-
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w.'.-.e Ha.xs, csat :ction pe. itsr-es-bin I saat: :eeisn per--it.'Hmd
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w--.y-iie nses, si;e perni;s, cod =rt:ie -ePP s-i.; sWires-faciMey-des @)]
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prior to the granting of any such application, a notice that
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consideration is being given to the granting thereof and
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that the Commission will grant a hearing upon the request of cny person whose int' rest may be affected by the proceeding e
except that in the case of applications for amendments to are 6
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manufacturing and operating licenses, construc Eon permits, combined construction permits and operating licenses, site
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permits, and rules approving standardized facility designs cuch period shall be thirty days.
The same one hundred eighty days notice shall be published with respect to applications under section 103 or section 104 b. for combined construction permit and operating license, under'section 193 for the 4;=
granting of a. site permit, under section 194 for approval of W
n standardized final design or a major subsystem thereof except that such notice shall state that the Commission chall hold a hearing and shall admit any person whose interest
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j may be affected as a party to the proceeding.
The Commission
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may dispense with the thirty days' notice and publication
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with respect to any application for an amendment to a manufacturing
.55 license, an amendment to a construction permit and/or an E..
cperating license, an amendment to a site permit pursuant to sectibn 193, or an amendment to a rule approving a standardized
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}5 facility design pursuant to section 194, upon a determination by the Commission that the amendment involves no significant additional risk to the public health and safety.
The Commission shall publish once in the Federal Register and twice in the appropriate newspapers notice of the issuance of such an amendment.
With respect to any,' request for authorization to prepare a facility site or perform limited construction activities under section 185 c., the Commission "2
shall publish once in the Federal Register and twice in such major newspapers serving the affected area as may be reasonably calculated to notify concerned or affected persons within thirty days after the receipt of any such requesi notice of the receipt thereof and that the Commission will grant a
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hearing on the findings requircd by 185 c. upon the request of any person whose interest may be affected.
(B)
The Commission shall also publish once in the Federal Register and twice in such major newspapers serving the affected area as may be reasonably calculated to notify concerned or affected persons at least one hundred eighty days prior to commencement of operation of any fa,cility for which a combined construction permit and o'perating license had been issued, a notice that commenc-ement of operation i.= expected to take place and that the Commission will grant a, hearing upon the request,of any g
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perscns whose interest may be affected by such operaticn, but only upon a prima facie showing [in-th; c.ffsemtive-c. deScr] that, as a result of (1) significant new information or a significant new issue, or (2) a violation of
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a pemit or license or rule, regulation or order issued by the Conmission, same
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modification of the facility or other appropriate action should be taken which
.r will provide substantial, additional protection [wMeh-49-Newedd for the
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public health and safety, or the common defenst z.nd security,
""TJ or the protection of.the environment.
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m (C)
Jay hearing on an application subject 7"
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to this paragraph or any hearing on the commencement of
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operation of any facility shall be limited to issues as to
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which there was no prior opportunity for hearing in a prior
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proceeding before the Commission or a State, unless the person requesting the hearing on the issue makes a prima facie showing in accordance with procedures established by
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the Commission that significant new information relevant to Gk E&
the issue has.been discovered since the prior proceeding and
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l that as a result thereof it is likely that the site or T
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- s facility design will not comply with this Act or the Commission's rggulations for protection of the public health and safety, T.}.,
the. common defense and security, or the environment.
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" (3)
The Commission may, subject to the provisions of section 192, issue, in the case of a pro-duction or utilization facility, an interim operating I' ~' ~ ~
..e license or an interim amendment to an operating license, or m.c allow interim operation of a facility for which a combined l~
construction permit and operating license had been issued, in advance of the conduct or completion of any required E
bearing. " Prior to issuance of any such interim amendment,
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and at least thirty days prior to issuance of any such interim license or allowing any such interim operation, the Commission shall publish once in the Federal Register and twice in such major newspapers serving the affected area as may be reasonably calculated to notify concerned or affected persons a notice of intent to do so, requesting comments from interested persons and stating that a hearing shall be
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held on whether such action is, in the case of an interim-operating li~ cense or in the case of allowing interim ~ operation I
of a facility for which a combined construction permit and
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urgent public need or emergency or, in the case of an interim amendment to an operating license, necessary in the public interest.
In the case of an interim operating license or allowing interim operation of a facility for which a combined
.]E construction permit and operating license had been issued, z[2
=. =.
such hearing may be held either before or after the expiration
~~~
of the thirty-day notice period.
The Commission itself shall preside at any such hearing and shall determine, in its sole discretion, whether the hearing and decision will
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be, formal or informal, conducted with or without regard to
~.*?"7.".
section 554, 556, or 557 of Title 5 of the United States
=
l Code.
Selection of hearing an'd decision procedures by the l
Commission shall not be subject to judicial review."
l
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Interim Operating Authority
(
Sec. 104.
Section 192 of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
'=
"SEC. 192.
INTERIM OPERATING AUTHORITY.--
"a.
The Commission is authorized, subject to the
=h provisions of subsection b. of this section, to issue an interim operating license or an interim amendment to an ope' rating license for a production or utilization facility,.
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or to allow interim' operation of a facility for which a j
combined construction permit and operating license had been issued, in advance of the conduct or completion of any I
required hearing.
Application for such interim operating
=
cuthority shall be in writing and shall show, to the satisfac-tion of the Commission, that there is a need for the operation of the facility in advance of the conduct or completion.of
=--
cuch hearing.
"b. (1)
Prior to the issuance of an interim operating license or prior to commenc aent of interim operation, it chall be found by the Commission itself that:
" ( A) issuance or commencement of operation is necessary because of an urgent public need or emergency; and
"(B)' that the hearings provided for in paragraphs (1) (A) and (2) of section 189 a. have been completed on any significant, site-specific issue presented in such hearing pertaining to (i.c 2 ;;;Fe d CO C -e r.-S^ CTduct Of-th; r;T;U;d
- hearing, t';. : q;6_-ente-es-thie-Aetr-43;luding be not Mited t: natic cf]
b public health and safety [ ens] or_ the connon defense and security {cf the rulec cr.d r~;21elas cf the Crireim ed cf Se "dmal m 4wel onlie f stnc loco, as mened, and me prov4ded in cec +4en 105 e# this t-t, have e
beer et).
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"(2)
Prior to the issuance of an interim amendment to an operating
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license, it shall be found:
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20
" (A) by the Commission itself, that the issuance thereof is in the public interest; and
" (B) by the Commission itself or its designce that, i n all respects other than the conduct er completion
'="
of any required hearing, the requirements of this Act, including but not limited to matters of public' health and safety and common defense and security, of the rules and regulations of the Commission, and of the N-tional Environmental Policy Act o'f 1969, as amended, and as provided in section e.:
195, have been met.
"c. (1)
No interim operating license or interim amend-r.
mm ment to an operating license shall be issued, and no interim operation shall be allowed, for a period to exceed twelve months, unless for good cause shown the Commission extends cuch period.
".(2)
Any interim operating license or any interim amendment to an operating license shall contain and any 1
=.
interim operation shall be subject to such conditions as the Commission deems appropriate to assure that any subsequent findings and orders of the Commission with respect to the proceeding will be given full force and effect."
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.t 21 Early Site Approval
=2-Sec. 105.
The Atomic Energy Act of 1954, as amended, is amended by adding a new section 193 to read as follows:
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"SEC. 193.
EARLY SITE APPROVAL. - -
=.
"a.
The Commission is authorized to issue a site I:;.JJ l
permit for approval of a site for one or more thermal
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neutron power generation facilities upon the application of
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l any person, notwithstanding the fact that no application for
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l a construction permit or a combined construction permit and operating license for such facility or facilities has been e::
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filed.
For all other purposes of this Act, a site permit is
""j deemed to be a ' license'.
"b.
Each application under subsection a.
shall be in writing and shall centain such information as may be
~
required by the Commission to determine the suitability of the site for its intended purpose, including:
=g
.. " (1) the number, type or types, and thermal power level of the facilities with respect to which application l-for site approval is made;
" (2) the boundaries of the site; U.I 4-
"(3) the proposed general location of each
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such facility on the site;
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"(4) the proposed maximum levels of I
" (A) radiological offluents; and
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" (B) thermal effluent that each such facility will produce;
" (5) the type or types of cooling systems
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(intake or outflow) that may.be employed by each such facility;
" (6) the seismic, meteorological, hydrologic and geologic characteristics of th'e proposed site and the population density of the area surrounding the site; and
"(7) such other information as the Commission may by rule or regulation require.
"c. (1)
If, after considering all information cubmitted by the applicant regarding the matters specified in subsection b., and holding a hearing as provided by cection 189 a.
(1), the Commission determines that the proposed site is suitable for the construction and operation
.=
cf the facility or facilities described in the application 5
consistent with public health or safety and prote'ction of the environment, it shall- [ney] grant 'the application under cubsection a. and issue a site permit without condition or*
l with such conditions as it deems appropriate.
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g.
" (2).In making any determination pursuant to paragraph (1) of this subsection, the Commission shall, with respect to each of the matters specified in subsection b.,
state in writing'its findings regarding the suitability of
'the site for the facility or facilities described in the application.
" (3)
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 section 189 b.
"d.(1)
A site permit shall be valid with respect j
to a facility to be constructed on the site for which an
~
application for a construction permit or a combined con-struction permit and operating license is filed within a f
period of ten years from the date of issuance of the site i
permit.
f (2) (A)
No less than eighteen nor more than
?
forty-eight months prior to the expiration of the ten-year s
t i
period, the holder of the site permit may apply for a renewal
?
of the site permit.
Upon review by the Commission, the Commission may renew a site permit for additional ten-year periods from the date of renewal, pursuant to such rules and
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regulations as the Commission may deem appropriate.
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" (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 that as a result thereof it is likely that the site will not comply with this Act or the Commission's regulations for protection of the public health and safety, the common defense and security, or the environment.
(3)
Any site permit issued pursuant to sub-
~
section c. shall be valid only with respect to a thermal neutron power generation facility:
c i
(A) which is designed to produce levels of i
thermal power, radiological effluent and air emissions and thermal effluent no greater than the levels specified in the permit; and
" (B) which meets such other criteria as the Commission i
may by rule,' prescribe.
h "e.
Any applicant for a construction permit or a w
combined construction permit and operating license for a thermal neutron power generation facility to be located on a J
site approved pursuant to subsection a. may, upon 30 days' g
l prior written notice to the Commission and to the State in l-which the site is located, and upon publication twice in 46 1
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.t 25 such major newspapers serving the affected area as may be reasonably calculated to notify concerned or affected 3
persons notice of the scope of the intended preparation and b
unless otherwise ordered by the Commission or the State, prepare the approved site for construction and perform such limited construction activities thereat as the Commission may, by rule or regulation, determine to be permissibl'.e Such activities shall be conducted at the risk of the applicant and shall be subject to modification or termination by the
=
rieh-e =tS; applientm:ans-tMt-eny acticitix J+
e Ccnmission at any time.
[.w-e.:
u.-nieetahea-by-the-ep%4eent-shall.nc-i. any-sty pxjudicc cutscq;ent-sef-ty-er-ether-review af dxiesen -by-tl e C=.issian upa. the-applicatien.]
Safety-related canstructicn activities shall not proceed [beycnd a] more than one year [peries) from the commencement of such activities unless the Commission, upon good cause shown, extends such period. Nothing in this subsection shall affect the authority of any State or local governmental unit with respect to the issuance of any required permit or license for the preparation of the site or the construction activities authorized by Z..'
~
this subsection.
"f.
For purposes of any evaluations and deter-
=
minations relating to the approval of a proposed site under this section required by the National Environmental Policy Act of 1969, as amended, whether made by the Commission, a Gtate or a regional organization, a finding of a generic t
A e
l 26 1
future need for electric power [se d inic: '5cccicpsi, M.en a Statc or Ic g iad.-eegas e ede.- h ee-en-e.vrgy-p b.v.ing-pr egreb-eenie:t icn-with a
ti: Occrets_ar-ef. %_-gf] shall canstitute a definitive _ determinaticn that
- .=
there is a need for the power proposed to be provided at the site.
"g.
Approval of a site under this section shall not preclude its approval or use as a site for an alternate
~
or modified type of energy facility or for any other purpose.
"h.
Ncit'hing in this section shall preclude a di; request for a determination with respect to limited aspects of the suitability of the site for its intended purpose."
~
Approval of Standardized Facility Designs 4
Sec. 106.
The Atomic Energy Act of 1954, as amended, is amended by adding a new section 194 to read as follows:
"SEC. 194.
APPROVAL OF STANDARDIZED FACILITY DESIGNS.--
"a.
The Commission is authorized and directed to i,
establish procedures whereby, through a rulemaking or
^
=+
manufacturing license proceeding in which a hearing shall be F._
g held, as provided by section 189 a.
(1), it may approve the 6
preliminary or final design for a thermal neutron power generation facility upon application by any person, not-withstanding the fact that no application for a construction j
permit or combined construction permit and operating license
=r for such facility has been filed.
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27 b.
The Commission is also authorized under this section to approve preliminary or final standardized designs for any major subsystem of a thermal neutron power generation facility which represents a discrete
^'
element of the facility, as defined by the Commission. [Ati prewisim; cf
~
thi ZcL reia&g t; ee x;p;-es-siccsc.5-h%s-w)Ah-appiy to appw sta C i; i facility desig.s sheil-eppiy-te-e eh-h w -s g h di M
. :=::
subsysts; dc;igns]
- b.
The Commission is also authorized under this
. r=.;
section to approve preliminary or final standardized designs g
for any major subsystem of a thermal neutron power generation facility which represents a discrete element of the facility, as defined by the Commission.
"c.
Notwithstanding section 161 w. o'd this Act or the Independent Offices Appropriation Act of 1952, no application i
l filing.or issuance fees shall be required for an application for approval or for an amendment or renewal of an approval l
l l
of a standardized facility or major facility subsystem design under this section, provided that the Commission is authorized to allocate the Efeee] costs that would otherw2.se have been defrayed by fees reauired of applicants under this section among appli-
M cants for permits or licenses which propose to use the approved standard'-
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ized design.
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8 "d. (1)
Any rule or license issued by the' Commission under this section shall be valid with respect to an ap-plication for a construction permit or a combined construc tion permit and operating license which meets any co diti n
ons of the rule or license and is filed within a period of fiv e years from the date of approval.
c
" (2) (A)
No less than twelve nor more than eight-cen months prior to the expiration of the five-year period provided under paragraph (1), the person to whom the rule or manufacturing license was issued may apply for a renewal of the rule or manufacturing license.
Upon review by the Commission, the Commission may renew the rule or manufacturing license for additional three-year periods from the date of renewal pursuant to such rules and regulations as the i
. Commission may deem appropriate.
" (B)
Upon application for renewal of a rule or manufacturing license issued pursuant to subsections a. or b.,
the Commission shall renew the rule or license unless it finds that significant new information relevant to the design has become available and that as a result thereof it is likely that the design will not comply with this Act or the Commission's regulations for protection of the public healthandsadety,orthecommondefenseandsecurity.
"e.
Within six months from the date of enactment, the Commission shall by rule or regulation datermine which utilization facilities, for which applications for 61 con-2 l
stru:: tion permits _ [has-] have been filed with the Commission,' propose to employ i
i e
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designs which would be eligible to qualify as approved standardized facility designs under this section.
The Ccrnmission shall publish in the I
?...
Federal Recister a list of all such facilities.
All provisions of this Act
}..
which apply to standardized facility designs shall apply to all such facilities.
(r.c Cr.issien-ebii-by-rul_ cretic;., dcfinc 22. w..seet::tes EE j..
a-Gmei-facility-des gn-ser-the-p::rpeses of this Zet.]
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- =.
"f.
Nothing in this section or section 189 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 utili-zation facility designs, or which approve the preliminary o-,
final designs for minor subsystems of thermal neutron power generation facilities, as defined by the Con: mission, or for nroduc+4nn
_which apprpy_e the'ereliminary_pr fiDal desien
_or_qt_ilization fgi_11tice of.ber than themni nouernn pnva-
_goneration f acil iei ns.
"g.
Any final determinati~on of the Commission on an application filed pursuant to subsections a.,
b.,
or d.
shall be a final order of the Commission for purposes of section 18'9 b."
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,. s 30 b
TITLE II FEDERAL AND STATE REVIEWS License Applications Sec. 201.
Subsection 182 b. of the Atomic Energy Act o,f 1954, as amended, is amended to read as follows:
='((
"b.
The Advisory Committee on Reactor Safety shall review each application under section 103 or section 104 b. for a manufacturing license for a facility, each cpplication under sec' tion 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 con-k e
struction permit or an operating license for a testing facility, any application under section 104 a. or c. speci-fically referred to it by the Commission, any application for a site permit under section 193, any proposed rule
.3.-
approving a standardized facility design under section 194
- a. or b., and any application for an amendment or renewal of
=-
a manufacturing license or construction permit or an amendment or re'newal of an operating license under section 103 or section 104 a.,
b., or c. or.an amendment or renewal of a site permit under section 193 or a proposed amendment or renewal of a rule approving a standardized facility
+=es dssig under section 194 a.,
b.,
or d. specifically referred
~
to it by the Commission, and shall submit a report thereon.
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Except with respect to applications for approval of stand-ardized designs under section 194 a. or b. and for con-st'ruction permits or operating licenses for facilities other than thermal neutron power generation facilities, unless the Commission specifically requests a review and report on an
=
application or portion thereof, the Committee may dispense with all or part of such review and report by notifying the-
..f.
Commission in writing that all or part of such review by the Committee is not warranted.
Except to the extent that security' classification prevents disclosure, any report or notice required by this subsection shall be made part of the record of the application or rulemaking proceeding and available to the public and any notice by the Committee that review is not warranted shall be published in the Federal i
Register."
State Environmental Reviews e
Sec. 202.
The Atomic Energy Act of 1954, as amended, is amended by adding a new section 195 to read as follows:
"SEC. 195.
STATE ENVIRONMENTAL REVIEWS.--
"a.
(1)
Upon the filing o'f an application for a
(
site permit, construction permit, or combined construction s
~
pe'rmit and operating license for a thermal neutron power
==
generation facility, whichever is filed first, the Commission
~ ~
shall within ten days notify the State within which the i
f 3
32-
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- )
facility is proposed to be locaied.
A State may elect to determine.the environmental ~ acceptability of and/or need for proposed thermal neutron power generation facilities or
[:
proposed sites for such facilities with specified general
=
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site-related characteristics, or to evaluate discrete, 7"
limited aspects, as establi ued by the Commission, of the environmental acceptability of and need for proposed thermal neutron power generation facilities or proposed sites for I
such facilities with specified general site-related design
- .=
characteristics.
Within sixty days after receipt of such
.a notice, the State shall notify the Commission whether it has
.j m
made' or will make any or all of the evaluations and deter-f minations provided for by this section, and whether it has a program, approved by the-Commission under subsection e., for making such' evaluations and determinations.
u
" '( 2 )
If the Commission receives notice that the J.= -
l 95 State will make all the determinations provided for by this 5"
G II!
section and has an approved program:
+Ep
" (A) it shall not. issue the site permit,
- ;ie '
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construction permit, or combined construction permit and i:il op,erating license for the facility, whichever is requested
.];;
first, unless it is notified by the State that,the State ha's 1
determined that in the case of a construction permit or i
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t combined construction permit and operating license, con-
'.struction and operation of the thermal neutron power gen-4 eration facilities will be environmentally acceptable or, in
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the case of a site permit, that the State has determined 5..
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.that construction and operation of the thermal neutron power
.=
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generation facilities with specified general site-related
~
design characteristics will be environmentally acceptable; en..
.. =.
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"(B) it shall not issue a construction permit or combined construction permit and operating license for
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_ _ _ _ the f.acility [er.-the-ei+e) unless it is. notified by the State that the (__ _ _..
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l~ i State has determined that there'is a nedd for the fac_ility.. _. _.. _ _ _ _
c
"(3)
If the Commission receives notice that the State will make some of the evaluations and determinations provided for by this section and has an approved program:
" (A) s.t shall not, in the case of a site i.
permit, construction permit, or combined construction permit i;5 9.
and operating license for the facility, whichever is requested P.
=
first, determine that in the case'of a construction permit or combined construction permit and operating license co,nstruction and operation of the thermal neutron power 5
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generation facilities will be environmentally acceptable l
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or, in the case of a site permit, determine that construc-tion and operation of the thermal neutron power generation facilities with specified general site-related design
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characteristics will be environmentally acceptable, until it
, =-
has received from the State such evaluations,and deter-E=
minationsastheStatehaselectedtomake;'5nd L--
"(B) it shall not, in the case of a con-
.=.:=
=
struction, permit or combined construction permit and operating license, determine that there is a need for the facility,
= =4 until it has received from the State such evaluations and
'e determinations regarding the need for the facility as the
'**l State has elected to make.
" (4 )
Evaluations and determinations shall be made by a State under this section in accordance with the National Environmental Policy Act of 1969, as amended.
t l
" (5)
Evaluations and determinations made by a
[.
State under this section and under its approved program v:i.
shall not be subject to further review by the Commission and j
shall not be subject to challenge ~either before the Commission E
or in a Federal court review of Commission action under the National Environmental Policy.Act of 1969, as amended.
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"b. (1)
Notice from a State to the Co=ission that E
,it has made or will make all the determinetions provided for 5.;
by this section and has a program, approved by the Commission, for making such determinations, will discharge the Commission from its responsibilities under the Natiohal Environmental
=
' Policy Act of 1969, as amended, with regard to [siti.sg, cmat ;
44en,-and-eperat4en-ef-the-thermal-neutren-pewer-generater-fas44444es-] such
~
deter:tinaticns.
- 9
" (2)
Notice from a State to the Commission that it has made or will make some of the evaluations and/or determinations provided for by this section and has a program, approved by the Comission, for making such evalua-tions and determinations, will discharge the Commission from any of its responsibilities under the National Environmental Policy Act of 1969, as amended, to prepare an assessment of N:.m those discrete aspects of environment 41 acceptability and/or need for power covered by such evaluations and/or deter-minations.[with 2:9 rd-te-Sit 5M, CC""e22h > 3r' Fr**5" Cd 0"~-
Sc 21.at m.n = generatim-imi-3: sties] The Ccmission s' mil use the evaluations and detenninations prepared by a State under this a..
section in discharging its remaining responsibilities under the National Environmental Policy Act of 1969, as amended.
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36
- (3)
If no notice is received within sixty days by the Commission, as provided in subsection a.,
then th'e Commission shall have the exclusive auEhority, except'
~
as provided by section 185 a.
and b.,
as against the State, to determine whether the thermal neutron power generation facilities will be in compliance with the National Environmental
"~
Policy Act of 1969, as amended.
" c.
If a State has made some or all of the
,,}
evaluations and/or determinations p-nvidea #n-hy_f h i r
.1 cection with respect to proposed therna;. neutron power
. - generation facilities' or proposed sites for such facilities, _
then the_or_ov_i_si_ons of this sf.gfion sball_ apply with_r_eSpect to such__eg l_uations_ and d_eterminations to_ea_c_h successive
,gppjicationwithrespecttothesamefacilitiesorsite.
The,_ ongoing _ responsibilities of any State with a program opproved under subsection e. of this section for such t
i evaluations and/or determinations under the National
=-
Environmental _policv Act of 1969, as amended, shall be the came as_those_of the Commission with respect to any application for a facility proposed to be located in a State that does
_not have a program approved under_ subsection e.
of this cection.
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" d.
Nothing in this section shall affect in any way the Commission's authority to protect the ublic health r
and safety and the common defense and security pursuant to the Atomic Energy Act of 1954, as amended, or the Energy
~
Reorganizatien Act of 1974, as amended, or be construed as vesting the States with any such authorit not contained in existing law.
If notice is received by the Commission that i
a State will make all the determinations provided for by.
this section and has an approved program, the Commission
~..~
shall, pursuant to the provisions of the National Environmental
'~
Policy Act of 1969, as amended, assess the environmental aspects of radiological safety impacts of the operation of the facility and prepare and forward to the State a statement of its analysis and conclusions
[in"his-regees] of tir nature and extent of such i:: pacts.
The State shall include the radiolcgical l
safety impacts as set forth by the Commission in its statement of conclusions in the State's determination regarding environmental acceptability provided for by this section.
The Commission's statement of conclusions of the nature and tent of radiolocical impacts shall not be subject to
_ey.
review in any State administrative or judicial proceeding.
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The Governor of any State electing to make cny or all of the evaluations and determinations provided for in subsection a. of this section shall submit a program T[
for making such evaluations and determinations to the
- Y Commission for review and approval.
The Commission is cuthorized to approve a State program in whole'or in part U
l
.and to specify for which evaluations and determinations a "g?..'
l
. State program is approved.
The Commission is authorized, in <
l; consultation with other Federal agencies and the States, to
^ =6 establish guidelines for use in reviewing the State programs.
J.
Any State program approved under this section shall include:
" (1) provisions to assure compliance by the
~'
State official or officials who administer the program with the National Environmental Policy Act of 1969, as amended, including consent by a State official to assume the status l
=
i of a responsible federal official within the meaning of such se Act and authori,ty for and consent by the State official to
..=
ccceptthejurh.sdictionoftheFederalcourtsforthe purpose of enforcement and review of responsibilities under cuch Act; l
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39
" (2) - provisions to assure that the State will give reasonable consideration to economically feasible t
alternative sources of power, incl,. ding but not necessarily p -
limited to conservation, solar energy, coal-fired generating e
i:a plants, and other technologies and that, with respect to an application for a site permit, the State d
'f-E5] will find ~ ((. __l {. ~
- -.._a generic need for pcwer as provided in secticn 193 f.;
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" ( 3 ).
provisions to assure that the State
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will have adequate resources and expertise to consider l_
environmental impacts of and/or the need for proposed p.!
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H facilities.
State determinations regarding environmental j
l acceptability shall include all relevant environmental considerations, including decisions on certifications and discharge permits under sections 401 and 402 of the Federal Water Pollution Control Act, as amended, decisions on certification concurrences under section 307 of the Coastal Zone Management Act of 1972, as amended, and any other State l
decisions required by Federal or State law to prevent or mitigate environmental impacts from siting, construction, or l
operation of the thermal neutron power generation facilities;
"(4) provisions to assure open and early p
l'ic participation, including provisions for Ihd C i~.' c -Il 5
hearings [under-sveh-preeedures-as-the-6 tate-may-deem-apprepr4 ate] on final m
determinations under this sectron, under orocedures comnarable to thos" that would be emoloyed for such determinations by the Commission; i
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"(5) provisions to assure that coordinated and timely decisions are reached to carry out the purposes of the Act with respect to the issuance by the Commission of site permits, construction permits or combined construction Tj-permits and operating licenses, including the establishment
.._. Z of a schedule for completing the evaluation's and/or deter-r-
minations provided for by this section; i
"(6) provisions to assure that where more
~
than one State agency is involved, an agency is designated
= 2-to coordinate, direct and combine the reviews of all of the
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involved agencies and to cooperate with Federal authorities
.~::.
to insure adherence to the schedule established under paragraph (5);
'(7) provisions to assure coordination with related Federal reviews and for mutual assistance between Federal and State agencies to avoid duplication; M
"(8) provisions to assure that, if the State
=
elects to assume less than full responsibility for deter-mining the environmental acceptability of and need for the thermal neutron power generation facility, the State, in
=
consultation with the Commission, shall coordinate its
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41
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evaluations and determinations with those of the Commission in order that the Commission may in a timely fashion make
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the determinations required by the National Environmental
=,
Policy Act of 1969, as amended; and
=-
" (9) provisions to assure consideration of TT.I regional factors in determining environmental acceptability l
and need for power and that there is opportunity for par-
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ticipation of adjacent States, when affected.
"f.
States are encouraged to establish and participate in interstate or regional organizations which, among other things, may discharge the State's responsibilities for determining need for power and/or determining whether the thermal neutron power generation facilities will be i,,.
environmentally acceptable [and-neesee] or evaluating smh discrete, iimited aspects thereof as the Commission may permit.
Upon c
notice by a State to the Commission that such a regional or
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interstate organization is designated to act for it, the
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provisions of this section shall be applicable to that organization.
"g. (1)
The Commission is authorized to review any M
pr' gram approved under this section and the performance of o
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each State.
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" (2)
The Commission shall have the authority to suspend or terminate any financial assistance extended under this section and to suspend or terminate its approval of a St' ate program if:
(A) it determines that the State is failing
~
to adhere to the program approved by the Comm'ission; and (B) the State has been given notice of the proposed termination and withdrawal and given an opportunity to demonstrate compliance with its progra:a.
" (3)
If a State program is terminated or suspended, the, appropriate Federal agency may take into account such record as may have been established in any proceeding pending at the time of termination or suspension, so as to. avoid undue delay and duplication of State actions.
"h.
States with programs approved under this section and States providing information and assistance as provided by tubsection i. of this section may request and receive the assistance of Federal agencies, including national laboratories.
The Federal agencies are authorized to provide such assistance, which may include manpower training, the loan of personnel, and such studies and data as may be required by the State to discharge its responsibilities
~
under the approved program or under subsection i. of this
-section.
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Any State that does not have a program approved by the Commission under subsection e. may provide to the Commission such information and assistance with respect to n
the evaluations or determinations provided for by this section as the State may deem appropriate.. Such information and assistance may include any decisions r'egarding the need for.and any data, analyses, conclusions, findings and/or
..e decisions regarding any or all environmental impacts (except radiological safety impacts of the operation of the facility) of the proposed thermal neutron power generation facilities.
1;.
~
The Commission may rely on such data,~ analyses, and con-clusions in discharging its responsibilities under the National Environmental Policy Act of 1969, as amended.
Paragraph (5) of subsection a.-shall not apply to such information and assistance.
"j The Commission is authorized to make annual grants to any State or authorized interstate or regional e
agency for the purpose of assisting in the development or l
administration of a program specified in this section or the providing of information and assistance as provided by subsection i. of this section.
Such grants shall be allocated
~
among States and authorized interstate or regional organizations based on rules and regulations promulgated by the Commission.
e IIY G
8 l
e 9
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=
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v.
.1
..44, t
A State or authorized interstate or regional organization may, subject to the criteria contained in section 197 and the rules and regulations of the Commission issued pursuant thereto, use that portion of the money received under this cubsection as may be permitted by the Commission to fund intervenors in proceedings held in furtherance'of such State er interstate or regional organization's responsibilities under this section or under section 185 a.
or b..
There are cuthorized to be appropriated for this purpose such sums as may be necessary for the fiscal year ending September 30,
?.;
1979.
"k.
Except as expressly provided by this section,
=
the responsibility of the Commission or any other Federal agency to comply fully with the requirements of the National Environmental Policy Act of 1969, as amended, shall not be
" changed."
.=
Federal and State Coordination Sec. 203.
The Atomic Energy Act of 1954, as amended, is amended by adding a new section 196 to read as follows:
"SEC. 196.
FEDERAL AND STATE COORDINATION.--
l l
"a.
With respect to any application for a site permit,
. for $pproval of a standardized facility design', for a con-
~
Otruction permit and/or operating license, or for a manu-s.:;
facturing license, the Commission shall establish a schedule for the conduct and completion of all required Commission J
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.t 45 revicas and decisions.
The Commission is authorized to cooperate with other Federal and State or regional agencies
~
with review and/or decision-making authority regarding the alting, licensing, construction, or operation of nuclear Z.'
power reactor facilities in order to eliminate duplication 5
of effort, establish a common data base for similar reviews and decisions, and assure timely decisions.
The Commission Mr shall establish, after consultation with the interested Federal and State or regional agencies, target dates con-
..h sistent with the Commission schedule for completion of
=
agency reviews and decisions.
All Commission cooperative i
efforts, including establishnient of schedules and target dates, shall be accomplished in a manner consistent with the i
statutory obligations of all Federal and State or regional agencies, and the Commission shall have no authority to i
require any agency to reach a particular decision on the 1
g
~
merits of any matter pending before it.
Neither the es-4 tablishment of a schedule or target date by the Commission T
=
nor the failure of any affected Federal, State or regional agency to meet a target date shall be subject to judicial
+
review, whether in a proceeding to review or set aside an individual affected Federal, State or regional agency l
decision, or otherwise.
- . :. =
=
i
,.,5. '
46
- b.
The Commission or a State that is making all the determinations provided for by section 195 shall be the lead agency for purposes of the preparation of any environmental
. impact statement required by section 102 (2) (C) of the National Environmental Policy nct of 1969, as amended, for c.ny action taken under this Act.
Bulk Electric Power Sec. 204.
The Atomic Energy Act of 1954, as amende'd, is amended by adding a new sentence at the end of section 271 to read as follows:
"Nothing in this Act shall be construed to imply any delegation of authority to any State, political sub-division thereof or other nuthorized public authority to regulate, obstruct or burden commerce in bulk electric power."
TITLE III - INTERVENORS Funding for Intervenors
=
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Sec. 301.
The Atomic Energy Act of 1954, as amended, is amended by adding a new section 197 to read as follows:
"SEC. 197.
FUNDING FOR INTERVENORS.--
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'a. (1)
The Commission is hereby authorized to estan.Lish 1
o pilot program for funding intervenors in initial or renewal licensing proceedings, including site permit, con-
'Y u otruction permit and/or opera, ting license and amendment e*
y e*
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~47 proceedings, but not including any proceeding for an export l
license, conducted by the Commission pursuant to the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended.
The Commission may, in its sole discretion, also extend the pilot program to selecte/ rule-making proceedings conducted by it.
" (2)
This section does not authorize the payment of funds for merely attending, as opposed to participating as a party in, Commission proceedings, nor for proceedings where the cost of participation is'ninimal.
=
" (a)
This section does not create any new right to participate in any Commission proceeding which is not authorized by other provisions of law.
"b.
The Commission shall, upon request and subject to available appropriations, the eligibility criter.La set forth below, and any allocation determination under this sub-section, pay for all or part of the cost of intervention of
~
j a party, including attorneys' fees,.in Commission proceed-l; ings of the type described in subsection a.
The amount
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l paid, if any, need not
~r all the costs of intervention and shall be determined based upon the intervenor's contribution 1*
I,,
t o ". t w p r o c e e d i n g, the provisions of this subsection and
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b i
.t 48 subsections f. and 9.,
and procedures and criteria established by the Commission by rule or regulation for determining the eligibility of intervenors for funding and the amount of funds to be provided.
These criteria shall include require-;
ments to establish the following:
z.
" (1) the intervenor's interest in the,' matter;
"(2) that the intervenor does not have reasonable
^'
access to. alternative sources of funds;
"(3) that the intervention would not occur or its effectiveness would be significantly limited in the absence of funding; (4) that the intervenor's participation is likely to 2
lead to presentation of substantive arguments and/or views that would not otherwise have been presented; and (5) that presentation of such views can reasonaely be expected to contribute substantially to a fair determination l
in the proceeding.
The Commission shall by rule, regulation or order, allocate
~-
==
available funds for costs of intervention to types or classes of proceedings.
i I
"c Payments shall be made following tl:e proceeding un'less the intervenor establishes to the satisfaction of the Commission that, advance payments are required in order that its partexipation not be substantially impaired.
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A person who receives payments after a final decision or order pursuant to this section or advance pay-
.. = _ _
ments pursuant to this section shall be liable for repayment
.~of part or all of such payments actually received,.or.for.
=
. forfeiture of part or all of such payments for which such
'=
person is otherwise dete:.Mned to be eligib1e, whenever the
' 70'?
Commission determines that:
= = - -
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"(1) the person clearly has not provided the'repre-T'-!
sentation for which the payments were made or authorized; or
=
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" (2) the person has acted toward any other participant
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or the Commission in such a way as to unjustifiably delay, mislead,_or otherwise frustrate the objectives of the proceeding.
"e.
The amount of costs of intervention awarded under this section for a particular proceeding shall be based upon the appropriations availab)e and the prevailing market rates s
w for the kind and cuality of the services furnished. except that no expert, consultant or attorney shall be compensated at a rate in excess of the highest rate of compensation for experts, attorneys and consultants paid by the Commission.
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50 "f.
Whenever applications for payment under this section are submitted by more than one intervenor, the Commission may require consolidation of duplicative present-
. - - ations, select one or more effective representatives to.
participate, offer compensation only for certain categories of expenses, or jointly compensate parties r,e' presenting identical or closely related viewpoil.ts.
"g.
Any decision of the Commission made pursuant to this section shall be subject to review in court to'the same extent as any other Commission decision, notwithstanding the g ;.
fact that such decision may be interlocutory in nature,
=
except that the courts of the United States shall have no
=
jurisdiction to stay, restrain or otherwise enjoin the proceedings of the Commission based on an alleged violation of this section, nor shall the courts of the United States have jurisdictica to reverse, remand or otherwise require reconsideration of any other Commission decision solely on the basis of a Commission decision under this
- t. action, except where there has been a clear abuse of Commission discretion.
l "h.
The Commission shall, within ninety days after the da.te of enactment of this section, propose regulations to carry out the provisions of this section.
Such regulations
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t s1 shall be adopted by the Commission and take effect no later than one hundred eighty days after the date of enactment of this section.
' ' " ' ' ' ' ' ~. ' 1.-
Authority to fund intervenors under this section
- r ~~
shall expire on December 31, 1983_, [1982] except that the Commission
~ ~ f.[
=
may continue to fund intervenors in proceedings which were underway on that date and where applications for funding in 2
3 such proceedings were already filed with the Commission
.)5) before that date.
On or before December 31,1982, the
-~- - ~ - - = =
Commission shall prepare and transmit to the Congress a ms report on the impact and effectiveness of this section."
=
=-
j "j.
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes e
of.this section.
j
'l TITLE IV - CONFORMING AMENDMENTS a
. Advisory Committee on Reactor Safety
=
Sec. 401.
Section 29 of the Atomic Energy Act of 1954,
.h i
as amended, is amended by deleting "Sefeguards" wherever it l
=-
appears and inserting in lieu thereof " Safety"; and in the
}-l}
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second sentence by inserting ", as provided in section l
182 b.," after the words "the Committee shall"; by deleting
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k.
the word "and" after the word " studies" and inserting a 1
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a
of 52'
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.y comma in lieu thereof; by deleting the words " referred to it" after the word "applicatione" and by inserting in l'icu thereof the words ", site permit applications, and proposed rules approving standard facility designs".
Antitrust Provisions Sec. 402.
Section 105 c. of the Atomic Eilergy Act of 1954, as amended, is amended in the first sentence of paragraph (2) by inserting "and/" after the word " construct"- [i-S.;
- =
3--.
- - ~, -- ).
=
. General Provisions Sec. 403.
Section 161 O.
of the Atomic Energy Act of 1954, as amended, is amended by inserting the words " authorized
~ by section 19 3 [iG4f or conducted" after the word " activities" the
~ ~ ~
cecond time such word appears.
Revocation Sec. 404.
Section 186 a. of the Atomic Energy Act of 1954, as amended, is amended by inserting the words "or site pe mit" after the word " license" wherever it appears: and by inserting the words "or section 193" after toe words "section t
182".
=
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" 53 Modification of License and Site Permits
=e Sec. 405.
Section 187 of the Atomic Energy Act of 1954, as amended, is amended by inserting the words "and y
site permits" after the word " licenses".
]"
e Judicial Review
".... _ ~
Sec. 406.
Section 189 b. of the Atomic Energy Act of 1954, as amended, is amended by adding a new sentenee at the
.end thereof to re.ad as follows:
,+
" Decisions mede by the Commission as provided in
~ ~ ~ =
section,197 shall be subject to judicial review as provided e
in section 197, and shall not ba subject to judicial review as part of the final Commission order in the proceeding."
Atomic Safety and Licensing Board Sec. 407.
Section 191 a. of the Atomic Energy Act of 1954, as amended, is amended by deleting the word "or" after the word " licensed; inserting a comma in lieu thereof; and
~
by inserting ", or site permit" after the word " authorization"..
TITLE V - EFFECTIVE DATES 1
=
Sec. 501 a.
Sections 104, 105, 106, 201, 233 and 204
=
shall take effect as of the date-of enactment, and shall apply to all proceedings pending as of the date of enactment
~
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~or commenced on or after the date of enactment.
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b.
Sections 102, 103, 401, 402, 403, 404, 405. 406 and 407 shall be effective as to all applications filed with the Cor.tmission on or af ter the date of enactment.
=.=;
c.
Secticn 301 shall be effective as to all applications a.kJ filed with the commission on or after one hundred eighty
=-
E1 1,.,
days after the date of enactment.
d.
Sections 101 and 202 shall take effect one year Se
' cfter the date of. enactment and shall be effective as to all cpplications filed with the Commission on or after that 1.7'l.5.5 iiE date.
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