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UNITED STATES j
NUCLEAR REGULATORY COMMISSION
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WASHING TON,0. C. 20555
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'JUL 2 4 1981 MEMORANDUM FOR:
Chairman Palladino Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne
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FROM:
Carlton Kammerer. Director Office of Congressional Aff
SUBJECT:
INTERIOR AND COMMERCE COMMITTEES COMPROMISE ON FY 82/83 NRC AUTHORIZATION On July 23, 1981 the House Interior and Commerce Committees agreed on a compromise NRC Authorization bill for fiscal yeart W and 1983. This morning, Rep. Morris Udall introduced the ompromise
- 11. H.R. 4255. The bill and a letter to the Rules Comittee are The bill sets a ceiling of 5485,783,000 for fiscal year 1982 and 5513,100,000 for fiscal year 1983.
Other provisions include:
o not more than 5200,000 for a "small test prototype nuclear data link" without Congressional approval, o a $30,000,000 cap for LOFT tests in FY 1982, a prohib'ition against relocating the Commissioners outside of the District o
of Columbia as part of an interim consolidation, o authorization to issue a license in the absence of a FF.MA approved emergency preparedness plan, o a prohibition against promulgating or publishing a rule on the safety goal without public hearings, o a prohibition against using funds to clean-up TMI-2, o a "Sholly" amendment, o interim licensing authority, and o an independent " Temporary Advisory Panel" to advise the Commission on the nuclear powerplant licensing process.
Enclosure:
As stated cc: OPE OGC SECY EDO ELD MPA NMSS IE NRR RES ADM CON 8604170416 860327 PDR PR 2 45FR20491 PDR a
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EEE AT" July 23' 1981
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The Honorable Richard Bolling Chairman, Comittee on Rules United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
On April 10, 1981, the Comittee on Interior and Insular Affairs favorably reported H.R. 2330 with an amendment to strike all after the enacting clause and insert in lieu thereof a new text of the bill.
The Interior Committee report is Rept. 97-22, Part 1.
Subsequent to the action of the Committee on Interior and
" Insular Affairs, the bill was referred to the Committee on Energy and Commerce with direction to report by June 5, 1981.
Following extension of the referral, the Committee on Energy and Commerce filed its report on the bill (Rept.
97-22, Part 2) on June 9, 1981.
The Committees are seeking an orderly procedure to allow the House to work its will on this measure.
Attached to this letter is a draft substitute bill which the Committees propose to introduce for consideration under a rule as original text for the purpose of amendment.
We believe that an open rule providing for one hour of debate (with timo divided equally between Committees) would be adequate.
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2-The Honorable Richard Bolling July 25, 1981 Thank you for your consideration of these reports.
Sincerely, c {bh1L&
MO!ptIS K. UDALL, Chairman JOHN D. DINGELL, Cha y Co;nmittee on Interior Committee on Energy and Insular Affairs and Comme a
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, Ranking AMES T. BROYHILL,, Ranking Co(Minori+yMember j
Minority Member' mmitfee on Interior Committee on Energy and Insular Affai:.s and Commerce Attachment t
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- 'I 9'6 thCONGRESS l
.Ls.A_ sr.ssion
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To authorize appropriations to the Nuclear Regulatory Commission, F
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES 81 July 23 gg Insert gensor's amms Mr. Udall (for himself, Mr. Lujan, Mr. Dingell and Mr. Broyhill)
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A BILL 1
Be it enacted by the Senate and Hoiac of Representaticcs of the United 2 States of America in Congress assembled, M
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1 SECTION 1.
(a) There is hereby authorized to be 2
appropriated to the Nuclear Regulatory Commission in 3
accordance with the provisions of section 261 of the Atomic 4
Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the 5
Energy Reorganization Act of 1974 (42 U.S.C. 5875), for the 6
fiscal years 1982 and 1983 to remain available until 7
expended, $485,873,000 for fiscal year 1982 and $513,100,000 8
for fiscal year 1983 to be allocated as follows:
9 (1) Not more than $74,097,800 for fiscal year 1982 10 and $76,714,400 for fiscal year 1983, may be used for 11
' ' Nuclear Reactor Regulation' ', of which an amount not 12 to exceed $1,000,000 is authorized each said fiscal year 13 to be used to accelerate the effort in gas-cooled 14 thermal reactor preapplication review.
15 (2) Not more than $61,513,400 for fiscal year 1982 16 and $62,564,600 for fiscal year 1983, may be used for 17
' ' Inspection and Enforcement ' '.
18 (3) Not more than $17,591,000 for fiscal year 1982 19 and $17,630,200 for fiscal year 1983, say,be used for 20
Standards Development.
21 (4) Not more than $45,766,000 for fiscal year 1982 22 and $47,059,600 for fiscal year 1983, may be used for 23
' ' Nuclear Material Safety and Sa feguards ' '.
24 (5)Notmorethkn$227,301,200 for fiscal year 1982 25 and S247,136,400 for fiscal year 1983, may be used for 4
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' ' Nuclear Regulatory Research' ', of which an amount not 2
.to exceed $3,500,000 for fiscal year 1982 and $4,500,000 3
for fiscal year 1983 is authorized to be used to 4
accelerate the effort in gas-cooled thermal reactor 5
safety research.
6 (6).Not more than $18,757,200 for fiscal year 1982 7
and $20,197,800 for fiscal year 1983, may be used for 8
Program Technical Support.
9 (7) Not more than $40,846,400 for fiscal year 1982 10 and $41,797,000 for fiscal year 1983, may be used for 11
Program Direction and Administration.
12 (b) The Commission may use not more than 1 per centum of 13 the amounts authorized to be appropriated under paragraph 14 (5) of subsection (a) to exercise its authority under 15 section 31 a. of the Atomic Energy Act of 1954 to enter into 16 grants and cooperative agreements with universities pursuant 17 to that section. Grants made by the Commission shall be made 18 in accordance with the Federal Grants and Cooperative 19 Agreements Act of 1977 and other applicable law. In making 20 such grants and entering into such cooperative agreements, 21 the Commission shall to the naximum extent practicable provide 22 opportunities to universities in which the student body has 23 historically been predominately comprised of minority 24 groups.
t 25 (c)(1) Not more than $500,000 3f the amount appropriated e
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for a fiscal year to the Nuclear Regulatory Commission under 2
any paragraph of subsection (a) for purposes of the program 3
specified in that paragraph may be used by the Commission in 4
that fiscal year for purposes of a program referred to in 5
any other paragraph of subsection (a), and the amount 6
available from appropriations for a fiscal year for purposes 7
of any program specified in any paragraph of subsection (a) 8 may not be reduced for that fiscal year by more than 9
$500,000.
10 (2) The limitations on reprograming contained in 11 paragraph (1) shall not apply where the Commission submits 12 to the Committee on Interior and Insular Affairs and the 13 Committee on Energy and Commerce of the United States House 14 of Representatives and to the Committee on Environment and 15 Public Works of the United States Senate a notification 16 containing a full and complete statement of the action 17 proposed to be taken and the facts and circumstances relied 18 on in support of such proposed action, and if--
19 (A) each such committee, before the expiration of a 20 thirty-day period, transmitr to the Commission a written 21 notification that the commit:ee does not object to the 22 proposed action; or thirty-day, period passes during which no such 23 (B) a 24 committee transmits to the Commission a written 25 notificatibn that the committee disapproves of the e
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proposed action.
2 The thirty-day period referred to in this paragraph shall
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3 commence upon the receipt by each such committee of the 4
notice referred to in the preceding sentence. In computing 5
such period there shall not be taken into account any day in 6 which either House of Congress is not in session because of 7
an adjournment of more than three calendar days to a day 8
certain or an adjournment sine die. Each committee referred 9
to in this paragraph may approve or disapprove a proposal of 10 the Commission under this paragraph in such manner as such 11 committee deems appropriate.
12 SEC. 2. Moneys received by the Commissica for the l
13 cooperative nuclear research programs may be retained and 14 used for salaries and expenses associated with those 15 programs, notwithstanding the provisions of section 3617 of 16 the Revised Statutes (31 U.S.C. 484), and shall remain 17 available until expended.
18 SEC. 3. During the fiscal years 1982 and 1983, transfers f
19 of sums from salaries and expenses of the Nuclear Regulatory 20 Commission may be made to other agencies of the United 21 States Government for the performance of work for which the 22 appropriation is made, and in such cases the sums so 23 transferred may be merged with the appropriation so 24 transferred.
25 SEC. 4. Notwithstanding any other provision of this Act,
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no authority to make payments hereunder shall be effective 2
except to the extent or in such amounts as are provided in 3
advance in appropriation Acts.
4 SEC. 5.
(a) Except as provided in subsection (b), of the 5
amounts authorized to be appropriated under this Act for the 6
fiscal years 1982 and 1983, not more than $200,000 may be 7
used by the Nuclear Regulatory Commission for the 8
acquisition (by purchase, lease, or otherwise) and 9
installation of equipment to be used for the small test 10 prototype nuclear data link' ' program or for any other 11 program for the collection and transmission to the 12 Commission of data from licensed nuclear reactors during 13 abnormal conditions at such reactors.
14 (b)(1) The limitation contained in subsection (a) shall 15 not apply to equipment for which the Commission prepares and 16 submits to Congress a specific acquisition and installation 17 proposal unless either House of Congress rejects such 18 proposal within sixty calendar days of such submission.
19 (2) A proposal may be submitted to the Congress under 20 paragraph (1) only after the Commission has conducted a full 21 and complete study and analysis of the issues involved and 22 prepared a detailed report setting forth the results of such 23 study and analysis. Such proposal shall be accompanied by 24 such report and by a concise statement, based on the report, 25 setting forth the reasons and justification for the
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proposal.
2 (3) The study and analysis referred to in paragraph (2) 3 shall include, at a minimum, an examination of--
4 (A) the appropriate role of the Commission during 5
abnormal conditions at a nuclear reactor licensed by the 6
Commission; 7
(B) the informatiIon which should be available to the 8
Commission to enable the Commission to fulfill such role 9
and to carry out other related functions; 10 (C) various alternative means of assuring that such 11 information is available to the Commission in a timely 12 manner; and 13 (D) any changes in existing Commission authority 14 necessary to enhance the Commission response to abnormal 15 conditions at a nuclear reactor licensed by the 16 Commission.
17 The study shall include a cost-benefit analysis of each 18 alternative examined under subparagraph (C).
19 SEC. 6. Of the amounts authorized to be appropriated by 20 this Act for the fiscal year 1982, not more than $30,000,000 21 may be used to continue tests at the Loss-of-Fluid Test 22 Facility.
23 SEC. 7. (a) Of the amounts authorized to be appropriated 24 pursuant to paragraph (7) of subsection 1(a), such sums as 25 may be necessary shall be available for interim ee.
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consolidation of Nuclear Regulatory Commission h'eadquarters 2
staff offices in the District of Columbia and, to the extent 3
necessary, in Bethesda, Maryland.
4 (b) No amount authorized to be appropriated under this 5
Act may be used, in connection with the interim 6
consolidation of Nuclear Regulatory Commission offices, to-i
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7 relocate the offices of members of the Commission outside of 8
the District of Columbia.
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SEC. 8. Of the amounts authorized to be appropriated 10 under section 1, the Nuclear Regulatory Commission may use
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11 such sums as may be necessary, in the absence of a State or 12 local emergency prepar dness plan which has been approved by 13 the Federal Emergency Management Agency, to issue an I
14 operating license (including a temporary operating license l
15 under section 12 of this Act) for a nuclear power reactor, 16 if it ce. ermines,that there exists a State, local, or 17 utility plan which provides reasonable assurance that public 18 health and safety is not endangered by operation of the
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19 facility concerned.
20 SEC. 9. No funds authorized to be appropriated under 21 this Act may be used by the Commission to promulgate or 22 publish a safety goal for nuclear reactor regulation until 23 public hearings have been conducted by the Commission 24 respecting the establishment of such safety goal.
25 Development of a safety goal for nuclear reactor regulation 9
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should be expedited, to the maximum extent practicable', so 2
as to allow for the establishment of a safety goal by the 3
Commission no later than December 31, 1981.
4 SEC. 10. (a) No part of the funds authorized to be 5
appropriated under this Act may be used to provide 6
assistance to the General Public Utilities Corporation for 7
purposes of the decontamination, cleanup, repair, or 8
rehabilitation of facilities at Three Mile Island Unit 2.
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(b) The prohibition contained in subsection (a) shall 10 not relate to the responsibilities of the Nuclear Regulatory I
11 Commission for monitoring or inspection of the 12 decontamination, cleanup, repair, or rehabilitation 13 activities at Three Mile Island and such prohibition shall 14 not apply to the use of funds by the Nuclear Regulatory 15 Cor. mission to carry out regulatory functions of the 16 Commission under the Atomic Energy Act of 1954 with respect 17 to the facilities at Three Mile Island.
18 (c) of the amounts authorized to be appropriated under l
19 section 1 for the Office of Nuclear Materials, Safety and 1
l 20 Sa feguards, such sums as may be necessary shall be used by 21 the Nuclear Regulatory Commission to promptly enter into a 22 memorandum of understanding with the Department of Energy 23 specifying inter-agency procedures for the disposition of 24 radioactivematerialsrhsulting from the cleanup of Three 25 Mile Island Unit 2, except those materials approved for is
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disposition prior. to the. ef fective *date of this Act. Nothing 2
in such memorandum of understanding' shall: alter or impair 3
any authority or responsibility of rhe Seemetary of Energy 4
or the Nuclear Regulatory Commissica as provided_under ths 5
Energy Reorganization Act of 1974 or under any other 6
provision of law.
7 SEC. Il sw(a) Of the amounts authorized to be 8 ' appropriated under section 1 the Nuclear Regule. tory 9
Commission may use such sums as may be necessary to issue 10 and make immediately effective amendme.nts to a license for 11 nuclear power reactors upon a determination by the
.12 Commission that the amendment involves no significant 13' hazards consideration.
Such an amendment maj-be issued and 14 made immediately e.ffective--
15 (1) in advance of the c'onduct and completion of any 16 required-hearing, and 17 f2) after notice to the State in which the facility Y ~~ ~ #- / t '
18 is located.
19 The Commission shall consult with such State,when 20 practicable, before issuance of the amendment; Provided:
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21 jsuch consultation shall not be construed to delay the 22
'ef fective date of any amendment issued as provided in this 1
23 -section. In all other respects the amendment shall meet the 1
24 rt.quirementa of the Ato[nic' Energy Act of 1954.
25 (b) The Con. mission shalL periodically.(but not less
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frequently than every 30 days) publish notice of amendments
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2 i,ssued, or proposed _to__be_. issue _d_, as provided in this 3
section. Each such notice shall include all amendments 4
issued, or proposed to be issued, since the date of 5
publication of the last such periodic notice. The notice l
6 shall, with respect to each amendment or proposed amendment j
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(1) identify the nuclear power reactor concerned, and (2) 8 provide a brief description of the amendment. Nothing in 9
this subsection shall be construed to delay the effective 10 date of any amendment issued as provided in this section.
11 (c) The Commission shall promulgate, within 90 days from 12 the effective date of this Act, standards for determining 13 whether an amendment to a license involves no significant 14 hazards consideration. Such standards shall be promulgated 15 in accordance with the provisions of section 553 of title 5 16 of the United States Code.
17 SEC. 12. (a) of the amounts authorized to be 18 appropriated under section 1, the Nuclear Regulatory 19 Commission may use such sums as may be necessary to issue 20 temporary operating licenses for nuclear power reactors as 21 provided in section 192 of the Atomic Energy Act of 1954, 22 except that such temporary operating licenses may be 23 issued--
24 (1) in advance of the conduct or completion of any 25 hearing required by section 192 or by section 189 of a
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1 such Act, and 2
(2) without regard to subsection (d) of such section 3
192 and the finding required by subsection (b)(3) of 4
that section.
5 All hearings conducted as provided in section 192 in 6
connection with the issuance of such a temporary operating 7
license (or conducted in connection with any amendment of a 8
temporary operating license), and the record established in 9
any such hearings, shall be treated as part of, and 10 consolidated with, the hearings and hearing record required l
11 under section 189 of such Act for issuance of the final 12 operating license where the Commission determines that such 13 consolidation wi'l reduce duplication of effort rc expedite 14 the issuance of the final operating license.
15 (b) A temporary operating license issued as provided in 16 this section may initially authorize fuel loading, testing, l
17 and operation of the reactor at a specific power level, 18 determined by the Commission, which does not exceed 5 19 percent of the rated full thermal power. Pursuant to such 20 license, and in accordance with the procedures and 21 requirements of subsection (a), the Commission may 22 thereafter permit operation of the reactor at power levels, 23 determined by the Commission, which exceed the 5 percent 24 limitation set forth in-the preceding sentence.
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25 SEC. 13.(a) Such sums as may be necessary may be used by 9
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the Nuclear Regulatory Commission to establish an 2
independent Temporary Advisory Panel (hereinafter in this 3
section referred to as the ' ' Advisory Panel' ' ) to carry out 4
the purposes of this section. The Advisory Panel shall 5
consist of members selected by the Commirsion and shall 6
include representatives of the National Governors' 7
Association, State agencies that regulate rates charged 8
consumers for the use of electric energy, representatives of 9
the nuclear power industry, and representatives from the 10 general public who represent citizen or environmental 11 organizations.
Members of the Advisory Panel shall serve 12 without pay.
While away from their homes or regular places 13 of business in the performance of services for the Advisory 14 Panel, members of the Panel shall be allowed traOel 15 expenses, including per diem in lieu of subsistence, in the 16 same manner as persons employed intermittently in Government 17 service are allowed expenses under section 5703 of title 5 18 of the United States Code. The Federal Advisory Committtee 19 Act (5 U.S.C. App.) shall not apply to the establishment and 20 operation of the Panel.
21 (b)(1) The Advisory Panel established under subsection 22 (a) shall evaluate--
23 (A) the ef fectiveness of the nuclear powerplant 24 licensing process in assuring th1t the requirements of 25 the Atomic Energy Act of 1954 and the National e
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Environmental Policy Act of 1969 are met in the 2
licensing of nuclear powerplants; 3
(B) the efficiency of the nuclear powerplant
-4 licensing process and the potential for delays in the 5
licer. sing of nuclear powerplants, including the extent 6
to which there exists unnecessary duplication of effort 7
in the licensing of nuclear powerplants; 8
(C) the extent to which there exists stability and 9
predictability in the licensing process for nuclear 10 powerplants; and 11 (D) the opportunity for public participation in the 12 nuclear powerplant licensing process.
13 (2) The evaluation under paragraph (1) shall include, 14 but shall not be limited to, an examination of--
15 (A) the manner in which need-for-power 16 determinations are made concerning proposed nuclear 17 powerplants by Federal and State agencies under Federal 18 and State law and the extent to which there are 19 duplicating or overlapping requirements and procedures 20 respecting these determinations; 21 (B) the effect, if any, which the issuance by States 22 of early site permits for nuclear powerplants would have 23 on the nuclear powerplant licensing process, including--
24 (i) the issues which should be considered in the 25 issuance of such permits,
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(ii) the duration of such permits, 2
(iii) the relationship between State decisions 3
under an early site permit process and Federal 4
requirements under the Atomic Energy Act of 1954, 5
and 6
(iv) the effect which such permits should have 7
upon subsequent licensing decisions by the 8
Commission; and 9
(C) the extent to which States may determine the 10 suitability of sites for the location of nuclear 11 powerplants and relationship between such State 12 determinations and the design and operation standards 13 and requirements imposed under the Atomic Energy Act of 14 1954.
15 (c) The Advisory Panel established under subsection (a) 16 shall commence its evaluation under subsection (b) within 60 17 days after enactment of this Act, and within 180 days after 18 enactment of this Act the Advisory Panel shall prepare a 19 final report setting forth the results of the evaluation, 20 including an assessment of deficiencies in the present 21 nuclear powerplant licansing process and recommendations for 22 any needed administrative or legislative changes to the 23 process.
The report shall be submitted to the Nuclear 24 Regulatory Commission and to the Committee on Interior and 25 Insular Af fairs and the Committee on Energy and Commerce of O
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1 the United States House of Representatives, and to the l
2 Committee on Environment and Public Works of the Senate.
The i
3 -Advisory Panel shall terminate upon submission of such 4
report.
5 (d)(1)
Within 30 days of the submission of the report 6
of the Advisory Panel under subsection (c), the Commission 7
shall provide to the committees named in subsection (c):
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(A)
The Commission's views on the findings, l
9 conclusions, and recommendations set forth in the Report 10 of the Advisory Panel; and 11 (B)
A report by the Commission recommending 12 legislative and administrative actions. to improve the 13 filing, review and issuance of construction permits, 14 operating licenses and license amendments for a facility 15 for which an application is filed on or af ter October 1, 16 1981, under the Atomic Energy Act of 1954, as amended.
17 Such report by the Commission shall include, but not be 18 limited to, the same evaluations of the licensing 19 process required of the Temporary Advi sory Panel under 20 subsection (b) of this section; 21 (2)
Such sums as may be necessary may be used by the 22 Commission to commence within 60 days after enactment of l
23 this Act and prepare the. report required by subsection 24 (d)(1)(A) of this sectivn.
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