ML20072B435
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UNITED STATES
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8 NUCLEAR REGULATORY COMMISSION o
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,E WASHINGTON, D. C. 20555 t
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October 25, 1991
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MEMORANDUM FOR:
The Chairman Commissioner Rogers Commissioner Curtiss 1
Commissioner Remick l
FROM:
Dennis K. Rathbun, Dir tor)
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l Congressional Affai PV l
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SUBJECT:
REP. KOSTMAYER (D-PA) INTRODUCED ATOMIC
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ENERGY AMENDMENTS ACT OF 1991 Rep. Peter Kostmayer introduced the attached bill, H.R.3629, the Atomic Energy Amendments Act of 1991, on October 24, 1991.
Note that the requirement that the Commission find facilities applying for renewal meet standards applicable to new plants is not l
present in this bill.
Attachment:
(
As Stated
Contact:
M. Callahan, x21776 cc: OGC EDO SECY n-L:
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9408160119 940629 i
PDR COMMS NRCC l
CORRESPONDENCE PDR
OCT 25 '91 12:21 FROM ENERGY / ENVIRONMENT TO NRC-CA PAGE.002
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102d CONGRESS HeR._a 2o
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1aanrt Ctle To provide for a hearing on significant new information after bor.
y construction and before operation of a production or
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utilization facility, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES 19
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Insert Mr. KOSTMAYER introduced the following bill; which was referred to the Committee on
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l A BILL 1
Be it enacted by the Sencie and House of Representatives of the United 2 States of America in Congress assembled,
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OdT 25 '91.12:21 FROM ENERGY / EMUIRONMENT TO NRC-CA PAGE,003
,KOSTMA094 2
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1 SECTION 1. SHORT TITLE.
This Act may_be cited as the Atomic Energy Amendments 2
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Act of 1991,
4 TITLE I--REARING AND JUDICIAL REVIEW IN LICENSING PROCEEDINGS.
5 SEC. 101. HEARING ON THE RECORDs JUDICIAL REVIEW, 6
(a) HEARING.--Section 189a. of the Atomic Energy Act of f
7 8
1954 (42 U.S.C. 2239(a)) is amended--
9 (1) in paragraph (1), by striking In any and 10 inserting Except as provided in paragraph (3), in any
and by striking Commission the first place it appears 11 and inserting Nuclear Regulatory Commission 12 13 (hereinafter in this section referred to as the 14
' Commission');
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15 (2) in paragraph (2) by striking..The Commission-.
L 16 and inserting Except as provided in paragraph (3), the 17 Commission; and (3) by adding at the end the following new paragraphs 18 19
(3) In any proceeding described in paragraph (1) to 1
grant, suspend, revoke, renew, or amend any license, j
20 21 construction permit, or combined construction permit and operating license for a production or utilization facility 22 23 licensed under section 103 or 104 b.,
the commission shall grant a hearing on the record, upon the request of any person 24
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ROSTMA094 3
1 whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding..
2 l
3 (b) Junic!AL REVIEW.--Section 189b. of the Atomic Energy 4
Act of 1954 (42 U.S.C. 2239 (b)) is amended by striking 5
subsection a. above and inserting subsection a. or i
6 c..
7 SEC. 102. PREOPERATIONAL BEARING.
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Section 189 of the Atomic Energy Act of 1954 (42 U.S.C.
9 2239), as amended by section 101 of this Act, is further 10 amended by adding at the end the following new subsection:
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c.
PREOPERATIONAL NOTICE AND HEARING.--
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(1) Notice.--The commission shall publish in the i
13 Federal Register notice of the expected date of fuel 14 loading and criticality of a production or utilization l
l 15 facility issued a combined construction permit and l
16 operating license under section 103 or 104 b.,
not later 17 than 150 days before such date.
18
(2) HEARING.--During the 60-day period beginning on 19 the date of publication under paragraph (1), the 20 Commission shall grant a hearing on the record, upon 21 request, to any person whose interest may be affected by i
22 the operation of the production or utilization facility 23 that is the subject of such notice.
I 24
(3) SCOPE.--In a hearing granted under paragraph 25 (2), the Commission shall be limited to consideration l - - -
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sc:ce rnun ervenov e,4vinv,4ne,4, iv,4nu-us mue. uuu KOSTMA094 1
of--
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(A) whether such facility will operate in 3
conformity with this Act and the rules and 4
regulations of the Commission; and 5
(B) whether such facility has been constructed 6
and will operate in conformity with any permit or 7
license that has been issued for such facility by the 8
Commission.
9
(4) llMITATION.--The Commission may grant a hearing 10 under paragraph (2) to consider the issues described in 11 subparagraph (A) of paragraph (3) only if the person 12 requesting such hearing presents significant new 13 information previously unconsidered by the Commission.
14 SEC.103. COMBINED CONSTRUCTION PERMITS AND OPERATING l
15 LICENSES.
16 Section 185 of the Atomic Energy Act of 1954 (42 U.S.C.
17 2235) is amended--
18 (1) by striking SEC. 185 CONSTRUCTION I
19 PERMITS.--All and inserting the following:
(
20
3EC. 185 CONSTRUCTION PERMITS, llCENSES, AND COMBINED 21 LICENSES.--
22
a. CONSTRUCTION PERMITS AND llCENSES.--All;
23 (2) by striking Commission the first place it 24 appears and inserting ** Nuclear Regulatory Commission 25 (hereinafter in this section referred to as the
l' FROM ENERGY / ENVIRONMENT TO NRC-CA PAGE.005 OCT'29 '91 12:22
, KOSTMA094 5
' Commission'); and 1
(3) by adding at the end the following new 2
3 subsection:
b. COMBINED l! CENSES.--Nothing in subsection a. shall 4
preclude the issuance by the Commission of a combined ~
5 construction permit and operating-license pursuant to section 6
161h., provided that prior to the commencement of operation 7
of a production or utilization facility under such a license, 8
the Commission makes the findings-described in subsection a.
9 with respect to the facility that has applied for the 10 11 combined license..
TITLE II--LICENSE RENEWAL 12 STANDARDS FOR RENENAL AND SCOPE OF PROCEEDINGS.
13 SEC. 201.
Section 103c. of the AtomicfEnergy Act of 1954 (42 U.S.C.
I 14
(
l 15 2133(c)) is amended--
in the first sentence by inserting (1) after 16 (1) i
c. and by inserting in accordance with paragraphs 17 (2) and (3), after renewed; and 18 (2) by adding at the end the following new 19 20 paragraphs:
(2) Licenses for production or utilization 21 facilities issued under subsection a. or section 104b.
22 may be renewed for a period not exceeding 20 years.
23
(3) The terms of any license for a production or 24 utilization facility issued under this section or section 25 y -
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an a
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ICT,2,5 '91 12:23 FROM ENERGY./ ENVIRONMENT.
TO NRC-CA PAGE.007 i
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104b., and the compliance of any such facility with the 1
terms of its license, applicable laws, and regulations, 2
shall be considered.within the scope of any license 3
renewal proceeding under this subsection..
4 TITLE III--JUDICIAL RFNIEW OF DIPORCEMENT PETITIONS 5
6 SEC. 301. ENFORCEMENT PETITIONS AND JUDICIAL REVIEN.
Section 189 of the Atomic Energy Act of 1954 (42 U.S.C.
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8 2239), as amended by sections 101, and 102 of this Act,'is 9
further amended by adding at the end the following new e
10 subsection:
11
d. ENFORCEMENT PETITIONS.--
12
(1) IN GENERAL.--Any person may petition the i
13 Commission to institute a proceeding to modify, suspend, 14 or revoke a license, or for such other action as may be 15 proper.
16
(2) STANDARDS FOR GRANTING.--The Commission shall 17 grant any request under paragraph (1) if there is
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18 material evidence to suggest that the holder of the 19 license with respect to which a request has been made 20 under paragraph (1) is in significant noncompliance with 21 the terms of its license, this chapter, or the 22 Commission's regulations, or that conditions at the 23 licensed facility may present undue risk to the public 24 health and safety, or common defense and security.
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(3) JUDICIAL REVIEW.--Any Commission order denying l
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1 a request under paragraph (1) shall be subject to judicial review in accordance with chapter 158 of title 2
28, United States Code and chapter 7 of title 5, United 3
4 States Code..
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