ML20206T090
| ML20206T090 | |
| Person / Time | |
|---|---|
| Issue date: | 05/13/1999 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | J. J. Barton, Gore A, Hastert J, Inhofe J, Packard R HOUSE OF REP., APPROPRIATIONS, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, PRESIDENT OF THE SENATE |
| References | |
| NUDOCS 9905240061 | |
| Download: ML20206T090 (45) | |
Text
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7 3 GL UNITED STATES
[ g NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20566-4001 5
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,,,,,+ May 13, 1999 CHARMAN The Honorable Albert Gore, Jr.
President of the United States Senate Washington, D.C. 20510
Dear Mr. President:
I am enclosing the U.S. Nuclear Regulatory Commissien's (NRC) legislative proposals in the ,
form of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of l 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would I accomplish the following objectives:
(1) authorizo guards to carry firearms at certain NRC-licensed or certified facilities; (2) make unauthorized introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime; (3) make it a Federal crime to sabotage a production, utilization, waste storage, waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility during its construction, if the action could jeopardize public health and safety, or to sabotage a uranium enrichment or nuclear fuel fabrication facility during its operation; (4) make clear that in the case of a combined construction and operating license the initial duration and the commencement of the licensing period are consistent with the period provided for situations where there are separate construction and operating licenses; (5) elimination of the restriction on foreign ownership of power reactors and research reactors; (6) elimination of the Commission's antitrust review authority with respect to pending or future initial applications for a license to construct or operate a utilization or production facility; (7) make clear that, with very limited exception, the standards issued by the Commission and Agreement States govern cleanup of Atomic Energy Act material at facilities licensed by them; (8) elimination of the requirement that the hearing process associated with the NRC l licensing of uranium enrichment facilities must be "on the record."
(9) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed; (10) provide the NRC with general gift acceptance authority; and 9905240061 990513 p' qkD i \
PDR COMMS NRCC CORRESPONDENCE PDR 4
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. 2 (11) elimination of the requirement that the NRC maintain an office for the services of process and papers within the District of Columbia.
The enactment of these proposals would enhance nuclear safety and physical security, increase the NRC's efficiency, and enhance the economic use of Commission resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a memorandum explaining the need for the legislation (Enclosure 4) are provided. The Commission may submit other proposed legislation later in this Congress.
Sincerely, W )L Shirley Ann Jackson
Enclosures:
- 1. Draft Bill
- 2. Analysis of Proposal
- 3. Comparative Text
- 4. Legislative Memorandum 1
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%..... May 13,1999 CHAIRMAN The Honorable J. Dennis Hastert Speaker of the United States House of Representatives Washington, D.C. 20515
Dear Mr. Speaker:
I am enclosing the U.S. Nuclear Regulatory Commission's (NRC) legislative proposals in the form of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would accomplish the following objectives:
(1) authorize guards to carry firearms r.t certain NRC-licensed or certified facilities; (2) make unauthorized introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime; (3) make it a Federal crime to sabotage a production, utilization, waste storage, waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility during its construction, if the action could jeopardize public health and safety, or to sabotage a uranium -
enrichment or nuclear fuel fabrication facility during its operation; (4) make clear that in the case of a combined construction and operating license the initial duration and the commencement of the licensing period are consistent with the period provided for situations where there are separate construction and operating licenses; (5) elimination of the restriction on foreign ownership of power reactors and research reactors; (6) elimination of the Commission's antitrust review authority with respect to pending or future initial applications for a license to construct or operate a utilization or production facility; (7) make clear that, with very limited exception, the standards issued by the Commission and Agreement States govern cleanup of Atomic Energy Act material at facilities licensed by them; (8) elimination of the requirement that the hearing process associated with the NRC licensing of uranium enrichment facilities must be "on the record."
(9) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed;
t 2 (10) provide the NRC with general gift acceptance authority; and (11) elimination of the requirement that the NRC maintain an office for the services of process and papers within the District of Columbia.
The enactment of these proposals would enhan::e nuclear safety and physical security, increase the NRC's efficiency, and enhanco the economic use of Commission resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a memorandum explaining the need for the legislation (Enclosure 4) are provided. The Commission may submit other proposed legislation later in this Congress.
4 Sincerely, k
Enclosures:
- 1. Draft Bill
- 2. Analysis of Proposal
- 3. Comparative Text
- 4. Legislative Memorandum l
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- 4 May 13, 1999 CHAIRMAN The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, D.C. 20510
Dear Mr. Chairman:
I am enclosing the U.S. Nuclear Regulatory Commission's (NRC) legislative proposals in the form of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would accomplish the following objectives:
(1) authorize guards to carry firearms at certain NRC-licensed or certified facilities; (2) make unauthorized introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime; (3) make it a Federal crime to sabotage a production, utilization, waste storage, waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility during its construction, if the action could jeopardize public health and safety, or to sabotage a uranium enrichment or nuclear fuel fabrication facility during its operation; (4) make clear that in the case of a combined construction and operating license the initial duration and the commencement of the licensing period are consistent with the period provided for situations where there are separate construction and operating licenses; (5) elimination of the restriction on foreign ownership of power reactors and research reactors; (6) elimination of the Commission's antitrust review authority with respect to pending or future initial applications for a license to construct or operate a utilization or production facility; (7) make clear that, with very limited exception, the standards issued by the Commission and Agreement States govern cleanup of Atomic Energy Act material at facilities licensed by them; (8) elimination of the requirement that the hearing process associated with the NRC licensing of uranium enrichment facilities must be "on the record."
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.. 2 (9) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed; (10) provide the NRC with general gift acceptance authority; and (11) elimination of the requirement that the NRC maintain an office for the services of process and papers within the District of Columbia.
The enactment of these proposals would enhance nuclear safety and physical security, increase the NRC's efficiency, and enhance the economic use of Commission resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a memorandum explaining the need for the legislation (Enclosure 4) are provided. The Commission may submit other proposed legislation later in this Congress.
Sincerely, MA Shirley Ann Jackson cc: Senator Bob Graham
Enclosures:
- 1. Draft Bill
- 2. Analysis of Proposal-
- 3. Comparative Text
- 4. Legislative Memorandum l
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[ g WASHINGTON, D.C. 20555-0001 5 aj 8
\ . . . . . ,o May 13, 1999 CHAIRMAN The Honorable Joe Barton, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
I am enclosing the U.S. Nuclear Regulatory Commission's (NRC) legislative proposals in the form of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would accomplish the following objectives:
(1) authorize guards to carry firearms at certain NRC-licensed or certified facilities; (2) make unauthorized introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime; (3) make it a Federal crime to sabotage a production, utilization, waste storage, waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility during its construction, if the action could jeopardize public health and safety, or to sabotage a uranium enrichment or nuclear fuel fabrication facility during its operation; (4) make clear that in the case of a combined construction and operating license the initial duration and the commencement of the licensing period are consistent with the period provided for situations where there are separate construction and operating licenses; (5) elimination of the restriction on foreign ownership of power reactors and research reactors; (6) elimination of the Commission's antitrust review authority with respect to pending or future initial applications for a license to construct or operate a utilization or production facility; (7) make clear that, with very limited exception, the standards issued by the Commission and Agreement States govern cleanup of Atomic Energy Act material at facilities licensed by them; (8) elimination of the requirement that the hearing process associated with the NRC licensing of uranium enrichment facilities must be "on the record."
(9) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed;
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, 2 (10) provide the NRC with general gift acceptance authority; and (11) elimination of the requirement that the NRC maintain an office for the services of I process and papers within the District of Columbia.
I The enactment of these proposals would enhance nuclear safety and physical security, l increase the NRC's efficiency, and enhance the economic use of Commission resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a memorandum explaining the need for the legislation (Enclosure 4) are provided. The Commission may submit other proposed legislation later in this Congress.
Sincerely, i
/- 5 Shirley Ann Jackson ec: Representative Ralph M. Hall
Enclosures:
- 1. Draft Bill
- 2. Analysis of Proposal
- 3. Comparative Text
- 4. Legislative Memorandum l
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CHAIRMAN May 13, 1999 The Honorable Ron Packard, Chairman Subcommittee on Epergy and Water Development Committee on Appropriations United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
I am enclosing the U.S. Nuclear Regulatory Commission's (NRC) legislative proposals in the form of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would accomplish the following objectives:
(1) authorize guards to carry firearms at certain NRC-licensed or certified facilities; (2) make unauthorized introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime, 1
(3) make it a Federal crime to sabotage a production, utilization, waste storage, waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility during its construction, if the action could jeopardize public health and safety, or to sabotage a uranium enrichment or nuclear fuel fabrication facility during its operation; (4) make clear that in the case of a combined construction and operating license the initial duration and the commencement of the licensing period are consistent with the period I provided for situations where there are separate construction and operating licenses; (5) elimination of the restriction on foreign ownership of power reactors and research reactors; (6) elimination of the Commission's antitrust review authority with respect to pending or future initial applications for a license to construct or operate a utilization or production facility; (7) make clear that, with very limited exception, the standards issued by the Commission and Agreement States govern cleanup of Atomic Energy Act material at facilities licensed by them; (8) elimination of the requirement that the hearing process associated with the NRC licensing of uranium enrichment facilities must be "on the record." l (9) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed; i
2 (10) provide the NRC with general gift acceptance authority; and (11) elimination of the requirement that the NRC maintain an office for the services of process and papers within the District of Columbia.
The enactment of these proposals would enhance nuclear safety and physical security, increase the NRC's efficiency, and enhance the economic use of Commission resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a memorandum explaining the need for the legislation (Enclosure 4) are provided. The Commission may submit other proposed legislation later in this Congress.
Sincerely, I
l Shirley Ann Jackson l cc: Representative Peter J. Visclosky
Enclosures:
- 1. Draft Bill {'
2 Analysis of Proposal
- 3. Comparative Text
- 4. Legislative Memorandum i
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% UNITED STATES
% NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 2066H001 s e
$ ,,,,,+/ May 13, 1999 CHAIRMAN The Honorable Pete V. Domenici, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, D.C. 20510
Dear Mr. Chairman:
I am enclosing the U.S. Nuclear Regulatory Commission's (NRC) legislative proposals in the form of an omnibus draft bill that would make a number of changes to the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974. Specifically, this legislation would accomplish the following objectives:
(1) authorize guards to carry firearms at certain NRC-licensed or certified facilities; (2) make unauthorized introduction of weapons at facilities subject to licensing or certification by the NRC a Federal crime; (3) make it a Federal crime to sabotage a production, utilization, waste storage, waste treatment, or waste disposal, uranium enrichment or nuclear fuel fabrication facility during its construction, if the action could jeopardize public health and safety, or to sabotage a uranium enrichment or nuclear fuel fabrication facility during its operation; (4) make clear that in the case of a combined construction and operating license the initial duration and the commencement of the licensing period are consistent with the period provided for situations where there are separate construction and operating licenses; (5) elimination of the restriction on foreign ownership of power reactors and research reactors; ,
(6) elimination of the Commission's antitrust review authority with respect to pending or future initial applications for a license to construct or operate a utilization or production facility; (7) make clear that, with very limited exception, the standards issued by the Commission and Agreement States govern cleanup of Atomic Energy Act material at facilities licensed by 1 them; {
i (8) elimination of the requirement that the heering process associated with the NRC licensing of uranium enrichment facilities must be "on the record."
(9) allow a Commissioner whose term has expired to continue in office for a limited period of time if a successor has not been confirmed; i
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2 (10) provide the NRC with general gift acceptance authority; and (11) elimination of the requirement that the NRC maintain an office for the services of process and papers within the District of Columbia.
i The enactment of these proposals would enhance nuclear safety and physical security, increase the NRC's efficiency, and enhance the economic use of Commission resources. A draft bill (Enclosure 1), an analysis of its provisions (Enclosure 2), a comparative text (Enclosure 3), and a memorandum explaining the need for the legislation (Enclosure 4) are provided. The Commission may submit other proposed legislation later in this Congress.
Sincerely, l
Shirley. Ann Jackson cc: Senator Harry rem
Enclosures:
l
- 1. Draft Bill
- 2. Analysis of Proposal
- 3. Comparative Text l
- 4. Legislative Memorandum i
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7 Enclosure 1
'4 DRAFT BILL Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the " Atomic Energy Act Amendments of 1999".
SECTION 2. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k))is amended to read as follows:
"SEC.161. GENERAL PROVISIONS. - In the performance of its functions the Commission is authorized to -
"k. authorize such of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize-
"(1) such of those employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or being transported to or from such facilities as it deems necessary in the interests of the common defense and security; and
"(2) such of those employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged in the protection of (A) facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission, or (B) property of significance to the
f 2
common defense and security located at facilities owned or operated by a Commission licensee or certificate holder or being transported to or from such facilities; to carry firearms while in the discharge of their official duties. A person authorized to )
1 i
carry firearms under this subsection may, while in the performance of, and in connection l
with, official duties, make arrests without warrant for any offense against the United States committed in that person's presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the individual to be arrested has committed or is committing such felony. An employee of a contractor or subcontractor or of a Commission licensee or certificate holder (or a contractor of a !
licensee or certificate holder) authorized to carry firearms under this subsection may i make auch arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense. A person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of (1) laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission or a licensee or certificate holder of the Commission, or (2) laws applicable to facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission pursuant to this subsection, and property of i
significance to the common defense and security that is in the custody of a licensee or J
certificate holder or a contractor of a licensee or certificate holder of the Commission, or (3) any provision of this chapter that may subject an offender to a fine, imprisonment, or both. The arrest authority conferred by this subsection is in addition to any arrest authority under other laws. The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement this subsection;".
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SECTION 3. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS Section 229 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))is amended by adding after " custody of the Commission" the words "or subject to its licensing authority or to certification by the Commission under this Act or any other Act".
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SECTION 4. SABOTAGE OF NUCLEAR FACILITIES OR FUEL Section 236 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))is amended to read as follows:
"a. Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to-
"(1) any production facility or utilization facility licensed under this Act;
"(2) any nuclear waste storage, treatment or disposal facility licensed under this Act;
"(3) any nuclear fuel for a utilization facility licensed under this Act, or any spent nuclear fuel from such a facility;
"(4) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission; or
"(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the ;
destruction or damage caused or attempted to be caused could affect public health and safety during the operation of the facility; shall be fined not more than $10,000 or imprisoned for not more than ten years, or both.".
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. SECTION 5. PERIOD OF COMBINED LICENSE Subsection c. of'section 103 of the Atomic Enercy Act of 1954 (42 U.S.C. 2133(c)) is amended by adding the following sentence at the end of the subsection: "In the case of a combined construction and operating license issued under section 185 b., the initial duration of the license may not exceed 40 years from the date on which the Commission finds, prior to operation of the facility, that the acceptance criteria required by section 185 b. have been met."
SECTION 6. ELIMINATION OF FOREIGN OWNERSHIP PROHIBITIONS (1) Gection 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended by inserting the words ."for a production facility" after " license" in the second sentence.
(2) Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d))is amended by inserting the words "for a production facility" a3er " license" in the second sentence.
SECTION 7. ELIMINATION OF NRC ANTITRUST REVIEWS Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by adding the following subsection after subsection c.:
"d. Following the effective date of this subsection, subsection c. shall not apply to any pending or future application filed for a license to construct or operate a utilization facility under section 103 or 104 b. This Act shall not affect the Commission's authority to
)
enforce antitrust conditions included in licenses issued under section 103 or 104 b.
before the date of enactment of this subsection."
SECTION 8. ACTIONS RELATING TO SOURCE. BYPRODUCT AND SPECIAL NUCLEAR MATERIAL
C 5
The Comprehensive Environmental Response, Compensation and Liability Act of 1980 14 2 U.S.C. 9601 et seq.) is amended -
(1) by adding the following new paragraph at the end of section 121(b):
"(3) No authority of this Act may be used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission for license termination under the Atomic Energy Act of 1954, or by a State that has entered into an agreement pursuant to section 274 b. of that Act, unless such action is requested by the Nuclear Regulatory Commission or, in the case of such material under the jurisdiction of a State that has entered into an agreement pursuant to section 274 b. of that Act, the Governor of the State."
(2) by inserting the following before the period at the end of paragraph (K) of section 101(10):
" or any release of such materialin accordance with regulations of the Nuclear Regulatory Commission following termination of a license issued by the Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) or by a State acting under an Agreement entered into pursuant to section 274 b. of that Act".
SECTION 9. HEARINGS ON LICENSING URANIUM ENRICHMENT FACILITIES Section 193(b)(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2243(b)(1)) is amended by deleting "on the record".
6 SECTION 10. CONTINUATION OF COMMISSIONER SERVICE Section 201(c) of the Energy Reorganization Act of 1974 (42 U.S.C. 5841(c)) is amended -
(1) by inserting "(1)" after "(c)", and (2) by adding the following paragraph after paragraph (1) (as so designated):
"(2) A member of the Commission whose term of office has expired may, subject to the removal power of the President, continue to serve as a member until the member's successor has taken office, except that the member shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of the fixed term of office.".
SECTION 11. GIFT ACCEPTANCE AUTHORITY Section 161 g. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(g))is amended -
(1) by inserting "(1)" after "g.", and (2) by adding the following paragraph after paragraph (1) (as so designated):
"(2) accept, hold, utilize, sell, and administer gifts, bequests, or donations of real and personal property for the purpose of aiding or facilitating the work of the Nuclear Regulatory Commission. There is established in the Treasury a fund for use in accordance with the provisions of this paragraph. Any gift of money accepted pursuant to the authority granted in this paragraph, or the net proceeds from the sale of any property so accepted, shall be deposited in the fund. Such funds shall be held in trust by the Secretary of the Treasury, and are hereby appropriated, without fiscal year limitation, and shall be available to the Chairman of the Nuclear Regulatory Commission without further appropriations action. Property accepted pursuant to this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the
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7 gift, bequest, or donation, if such terms are not inconsistent with this paragraph or any other applicable law. The Commission shall establish written criteria for determining whether to accept bequests, gifts, or donations of money or property pursuant to this paragraph. Such criteria shall take into consideration whether the acceptance of the bequest, gift, or donation would compromise the integrity of, or the appearance of the integrity of, the Nuclear Regulatory Commission or any officer or employee of the Commission;".
SECTION 12. OFFICE LOCATION Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is amended by striking ";
however, the Commission shall maintain an office for the service of process and papers within the District of Columbia".
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Enclosure 2 SECTION ANALYSIS SECTION 2. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES The purpose of this amendment is to permit guards at NRC-licensed or certified facilities designated by the Commission, guards at any NRC-licensed or certified facility where there are special nuclear materials present, and guards that are engaged in transporting special nuclear materials, to carry weapons and to use them, where necessary to prevent sabotage of a facility designated by the Commission or to prevent theft of materials capable of being used for nuclear i explosives. Guards at DOE facilities and DOE guards transporting special nuclear materials already possess this authority. The amendment would provide identical authority to guards at NRC-licensed or certified facilities to be designated by the Commission.
In circumstances defined by NRC regulations and guidelines, the amendment would also provide the possibility of shielding guards against prosecution by state authorities for discharge I i
of firearms in the performance of official duties. This should help remove licensee guards' l reluctance to use their weapons in defending facilities against terrorist attacks or transports containing strategic quantities of special nuclear materials against attack.
SECTION 3. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS J The purpose of this amendment is to authorize the Nuclear Regulatory Commission to '
promulgate regulations that would prohibit a person who has not obtained prior authorization from carrying, transporting, or otherwise introducing or causing to be introduced any weapon, explosive, or other dangerous instrumentality into any facility, installation, or real property regulated by the Commission or subject to certification by the Commission. Violation of the
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2 regulation would constitute a Federal crime punishable by a fine of up to $5000, imprisonment for not more than one year, or both.
The Commission's implementing regulations would determine the scope of the prohibition. It is the Commission's intent to limit the applicability of the implementing regulations
. to nuclear facilities and materials that must be protected against theft or radiological sabotage.
SECTION 4. SABOTAGE OF NUCLEAR FACILITIES OR FUEL The purpose of this amendment is to extend Federal criminal sanctions to sabotage or attempted sabotage of (1) production, utilization, or waste storage, treatment, disposal, uranium enrichment or nuclear fuel fabrication facilities during their construction, and (2) uranium enrichment and fuel fabrication facilities during their operations. With respect to sabotage during construction of facilities listed in clause (1), only acts that potentially affect the public health and safety during operation of the facility will be subject to Federal criminal sanctions.
SECTION 5. PERIOD OF COMBINED LICENSE This amendment of section 103 c. of the Atomic Energy Act of 1954 would make clear that in the case of a combined construction and operating license issued under section 185 b. of the Act the initial duration of the license may be up to 40 years (as is true with respect to other licenses covered by section 103 c.), and that the term of the license would begin on the date on which the Commission finds, before operation of the facility, that the acceptance criteria required by section 185 b. have been met.
SECTION 6. ELIMINATION OF FOREIGN OWNERSHIP PROHIBITIONS These amendments of section 103 d. and section 104 d. of the Atomic Energy Act of 1954 would eliminate the restrictions on foreign ownership of utilization facilities (power and
3 research reactors). The amendments would not alter either the restrictions on foreign ownership of production facilities or the requirement that the Commission not authorize issuance of any license to a new owner if it finds that such ownership would be inimical to the common defense and security or to the health and safety of the public.
SECTIOf11 ELIMINATION OF NRC ANTITRUST REVIEWS The purpose of this amendment of section 105 of the Atomic Energy Act of 1954 is to eliminate the Commis ion's antitrust review authority with respect to pending or future applications for a license (including applications for a combined license or a license transfer) to construct or operate a utilization or production facility under section 103 or 104 b. of the Act.
The amendment would preserve the Commission's authority to enforce antitrust conditions in licenses issued before this amendment became effective, and it would not affect the Commission's legal authority with respect to those conditions.
SECTION 8. ACTIONS RELATING TO SOURCE. BYPRODUCT AND SPECIAL NUCLEAR MATERIAL The proposed amendment c(section 121(b) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) would make it clear that the standards issued by the Commission and Agreement States govern cleanup of Atomic Energy Act material at facilities licensed by them, except in the rare case in which the NRC or the cognizant Agreement State invokes the application of CERCLA as necessary to effect adequate cleanup. The proposed amendment of section 101(10)(K) of CERCLA would include in the definition of " federally permitted release" Atomic Energy' Act material that is released in accordance with NRC regulations following termination of a license issued by the Commission 1
or by an Agreement State, just as is the case with such releases under a current license issued pursuant to the Atomic Energy Act.
SECTION 9. HEARINGS ON LICENSING URANIUM ENRICHMENT FACILITIES The proposed amendment of section 193(b)(1) of the Atomic Energy Act of 1954 would improve the hearing process associated with NRC licensing of uranium enrichment facilities by eliminating the requirement for such a hearing to be "on the record". Elimination of the "on the record" requirement with rerpect to licensing of uranium enrichment facilities would provide the NRC with more flexibility in determining the appropriate hearing process in such proceedings.
SECTION 10. CONTINUATION OF COMMISSIONER SERVICE Subject to the removal power of the President, this amendment of section 201 of the Energy Reorganization Act of 1974 would allow a Commissioner to continue in office until whichever of the following occurs first: (a) his or her successor has taken office, or (b) the expiration of the next session of Congress subsequent to the expiration of the member's fixed term of office. The provision will enable the Commission to maintain a quorum for a significant period of time, even when no successor has been appointed for three Commissioners whose terms have expired.
SECTION 11. GIFT ACCEPTANCE AUTHORITY This amendment of section 161 g. of the Atomic Energy Act of 1954 would authorize the Commission to accept gifts, bequests, or devises of real and personal property. Any money received would be deposited in a separate fund in the United States Treasury and would be available to the Commission Chairman without further appropriations action and without fiscal
2 year limitation. The Commission would establish written criteria for determ; iing whether to accept such bequests, gifts, or donations.
SECTION 12 OFFICE LOCATION This amendment of section 23 of the Atomic Energy Act of 1954 would eliminate the requirement that the Commission maintain an office for the service of process and papers within the District of Columbia. Process would be served at the Commission's headquarters in Rockville, Maryland.
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p Enclosure 3 COMPARATIVE TEXT 1
SECTION2 j The amer.ded section 161 k. of the Atomic Energy Act of 1954 would read as follows:
"SEC. '.61. GENERAL PROVISIONS. - In the performance of its faction the Commission is authorized to -
"k. suthorize such of its members, officers, and employees as it deems necessary in the 3 interest of the common defense and security to carry firearms while in the discharge of {
their official duties. The Commission may also authorize-I
"[1.) such of those employees of its contractors and subcontractors (at any tier) engaged in the protuction of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or being transported to or from l such facilities as it deems necessary in the interests of the common defense and l security: and l
"(2) such of those emolovees of persons licensed or certified by the Commission j
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(includina emolovees of contractors of licensees or certificate holders) enaaaed in tts orotection of (A) facilities owned or operated by a Commission licensee or certifica's
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l holder that are desianated by the Commission. or (B) oroperty of sianificance to.in_e common defense and security le>cated at facilities owned or operated by a Commission licensee or certificate holder or beina transported to or from sucMecilities:
to carry firearms while in the discharge of their official duties. A person authorized to carry firearms under this subsection may, while in the performar:ce of, and in connection with, official duties, make arrests without warrant for any offense slainst the United
4 2
l States committed in that person's presence or for any feleny cognizable under the laws I 1
of the United States if that person has reasonable grounds to believe that the individual 1 j
I to be arrested has comrnitted or is committing such felony. An amployee of a contractor j l
or subcontractor or of a Commission licensee or certificate holder (or a contractor of a licensee or certificite holder) authorized to carry firearms under this subsection may f
make such arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense. A person granted authority to make arrests by this i subsection may ex trcise that authority only in the enforcement of (1) laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear I
Regulatory Commission, or a contractor of the Department of Energy or Nuclear l
Regulatory Commission or a licensee or certificate holder of the Commission, or (2) laws aoolicable to facilities owned or operated by a Commission licensee or certificate holder that are desianated by the Commission oursuant to this subsection. and croperty of sianificance to the common defense and security that is in the custody of a licensee or certificate holder or a contractor of a licensee or certificate holder of the Commission, or (23) any provision of this chapter that may subject an offender to a fine, imprisonment, or both. The arrest autho ty conferred by this subsection is in addition to any arrest authority under other laws. The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement this subsection;"
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I SECTION 3 The amended section 229 a. of the Atomic Energy Act of 1954 would read as follows: l "SEC. 229. TRESPASS UPON COMMISSION INSTALLATIONS. -
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"a. The Commission is authorized to issue regulations relating to the entry upon or carrying, transporting, or otherwise introducing, or causing to be introduced, I
any dangerous weapon, explosive, or other dangerous instrument or material 1
likely to produce substantial injury or damage to persons or property, into or upon I l
any facility, installation, or real property subject to the jurisdiction, administration, f
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or in the custody of the Commission or subiect to its licensina authority or to
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certification by the Commission under this Act or any other Act. Every such regulation of the Commission shall be posted conspicuously at the location j involved."
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SECTION 4 l
The amended section 236 a. of the Atomic Energy Act of 1954 would read as follows:
"Sec. 236. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.--
"a. Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to--
"(1) any production facility or utilization facility licensed under this Act;
"(2) any nuclear waste storage. treatment or disposal facility licensed under this Act;
"(3) any nuclear fuel forsuch a utilization facility licensed under this Act, or any spent nuclear fuel from such a facility;er
"(4) any uranium enrichment or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission ; g_r
"(5) any production. utilization. waste storace. waste treatment. waste disoosal. uranium enrichment or nuclear fuel fabrication facility subject to
4 licensina or certification under this Act durina its construction where the destruction or damaae caused or attemoted to be caused could affect oublic health and safety durina the ooeration of the facility:
shall be fined not more than $10,000 or imprisoned for not more than ten years, or both."
SECTION 5.
The amended section 103 c. of the Atomic Energy Act of 1954 would read as follows:
"Sec.103. COMMERCIAL LICENSES.-
"c. Each such license shall be issued for a specified period, as determined by the Commission, depending on the type of activity to be licensed, but not exceeding forty years, and may be renewed upon the expirs* ion of such period. In the case of a combined construction and operatino license issued under section 185 b.. the initial duration of the license may not exceed 40 years from the date on which the Commission finds. orior to operation of the facility. that the acceotance criteria reauired by section 185
- b. have been met."
SECTION 6.
(1) The amended section 103 d. of the Atomic Energy Act of 1954 would read as follows:
"d. No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 123, or except under the provisions of section 109. No license for a oroduction facility may be issued to an alien or any corporation or other entity if the Commission
5 knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of c ,
a license to such person would be inimical to the common defense and security or to the health and cafety of the public."
(2) The amended section 104 d. of the Atomic Energy Act of 1954 would read as follows:
"d. No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 123 or except under the provisions of section 109. No license for a production facility may be issued to any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or the health and safety of the public."
SECTION 7.
The amended section 105 of the Atomic Energy Act of 1954 would read as follows:
"Sec.105. Antitrust Provisions.-
"d. Followina the effective date of this subsection. subsection c. shall not acolv to any oendina or future aoolication filed for a license taconstruct or operate a utilization facility
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under section 103 or 104 b. This Act shall not affect the Commission's authority to enforce antitrust conditions included in licenses issued under section 103 or 104 b.
before the date of enactment of this subsection."
SECTION 8.
(1) The amended section 121(b) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) would read as follows:
"(b) GENERAL RULES.-
"(3) No authority of this Act may be used to commence an administrative or iudicial action with resoect to source. special nuclear. or bvoroduct material that is subiecd+ o decontamination reaulations issued by the Nuclear Reaulatory Commission for license termination under the Atomic Enerav Act of 1954. or by a State that has entered into an sareement oursuant to section 274 b. of that Act. unless such action is reauested by the Nuclear Reoulatory Commission or. in the case of such material under the iurisdiction of a State that has entered into an aareement oursuant to section 274 b. of that Act. the Governor of the State."
(2) The amended section 101(10)(K) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) would read as follows:
- (1) The term " federally permitted release" means l
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"(K) any release of source, special nuclear, or byproduct material, as those terms are j defined in the Atomic Energy Act of 1954, in compliance with a legally enforceable license, permit, regulation, or order issued pursuant to the Atomic Energy Act of 1954ar i
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7 eny release of such materialin accordance with reaulations of the Nuclear Reaulatory Commission followino termination of a license issued by the Nuclear Reaulatory Commission oursuant to the Atomic Enerav Act of 1954 (42 U S.C. 2011 et seal or by a State actina under an Aareement entered into oursuant to section 274 b. of that Act."
SECTION 9.
The amended section 193(b)(1) of the Atomic Energy Act of 1954 would read as follows:
"(b) Adjudicatory Hearings. -
"(1) In General.-The Commission shall conduct a single adjudicatory hearingeMhe teeord with regard to the licensing of the construction and operation of a uranium enrichment facility under sections 53 and 63."
SECTION 10.
The amended section 201(c) of the Energy Reorganization Act of 1974 would read as follows:
"(c)L1) Each member shall serve for a term of five years, each such term to commence l
on July 1, except that of the Se members first appointed to the Commission, one shall serve for one year, one for two years, one for three years, one for four years, and one for five years, to be designated by the President at the time of appointment; and except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term.
For the purpose of determining the expiration date of the terms of office of the five members first appointed to the Nuclear Regulatory Commission, each such term "shall" be deemed to have begun July 1,1975.
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"(2) A member of the Commission whose term of office has exoired mav. subiect to the removal power of the President. continue to serve as a member until the member's successor has taken office. except that he shall not continue to serve bevond the exoiration of the next session of Conaress subseauent to the exoiration of the fixed term of office."
SECTION 11.
The amended section 161 g. of the Atomic Energy Act of 1954 would read as follows:
"g. L1.) acquire, purchase, lease, and hold real and personal property, including patents, as agent of and on behalf of the United States, subject to the provisions of section 174, and to sell, lease, grant, and dispose of such real and personal property as provided in this Actt,
"(2) accept. hold. utilize. sell. and administer aifts. beauests. or donations of real and '
personal oroDerty for the ouroose of aidina or facilitatina the work of the Nuclear Reaulatorv Commission. There is established in the Treasurv a fund for use in accordance with the orovisions of this paracraoh. Any aift of money accepted oursuant to the authority aranted in this caraaraoh. or the net proceeds from the sale of any property so accepted. shall be deposited in the fund. Such funds shall be held in trust by the Secretary of the Treasury. and are hereby aooropriated. without fiscal year limitation.
and shall be available to the Chairman of the Nuclear Reaulatory Commission without i
further aoorooriations action. Property accepted oursuant to this caraoraoh: and the proceeds thereof. shall be used as nearly as possible in accordance with the terms of the aift. beauest. or donation. if such terms are not inconsistent with this paraaraoh or any other aoolicable law. The Commission shall establish written criteria for determinina l
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whether to accept beauests. aifts. or donations of money or orocerty oursuant to this Daraaraoh. Such criteria shall take into consideration whether the acceptance of the 1
1 beauest or aift would comoromise the intearity of. or the aooearance of the intearity of, the Nuclear Reaulatory Commission or any officer or employee of the Commission:"
SECTION 12.
The amended section 23 of the Atomic Energy Act of 1954 would read as follows:
"SEC. 23. OFFICE.--The principal office of the Commission shall be in or near the District of Columbia, but the Commission or any duly authorized representative may exercise any or all of its powers in any place, hov;;ver, the Corninleslen ;hall m;;nt;;n
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en ;"i;; for th; ;;relce of preece; and pepcre velthln the Ol strict of Oclumble."
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Enclosure 4 LEGISLATIVE MEMORANDUM IN SUPPORT OF PROPOSED BILL SECTION 2. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
Section 161 k. of the Atomic Energy Act permits employees of the Department of Energy (DOE) and its contractors and subcontractors engaged in the protection of property located at nuclear facilities or being transported to or from such facilities to carry arms, make arrests, and use force as DOE deems necessary in the interests of the common defense and security. As a result of this section, DOE guards may be shielded from State criminal prosecution for actions taken during the performance of their official duties.
In contrast, State law governs the use of weapons by guards at NRC-licensed facilities.
In some States, guards at NRC-licensed facilities may use weapons only to protect their own lives or the lives of others. Even when the use of a weapon meets the highest standard, these guards, unlike the guards at DOE facilities and DOE guards transporting special nuclear meerials, cannot be shielded from State criminal prosecution for actions taken during the "
performance of official duties. The purpose of this legislation is to give guards at NRC-licensed or certified facilities designated by the Commission equivalent authority to that provided for guards at DOE facilities.
The proposed amendment would enhance national security by eliminating several weaknesses under the current safeguards and security regime. For example, licensee guards, knowing that the Federal Govemment does not have the potential for shielding them from State criminal prosecution if they use their weapons in the line of duty, may hesitate to act to prevent a terrorist attack against a nuclear power plant, or theft or sabotage of weapons grade material,
3 when force is required to stop the attack or theft. Additionally, without being able to use appropriate force, licensee guards may hesitate to expose themselves to danger. The facilities to which the NRC seeks to extend section 161 k. protection are entities that currently possess or in the future will possess special nuclear materials and nuclear power plants. The Commission ;
I is particularly concerned about formula quantities of strategic special nuclear materials that I could be used in an improvised nuclear weapon. The specific facilities that will be covered will s J
be separately designated by the Commission following the enactment of this legislation.
The proposed amendment would also fulfill the national goal, first expressed in 1974, of 1 l
maintaining fully adequate and essentially equivalent safeguards systems for weapons-usable materials in the licensed and license-exempt sectors. This is one area in which the NRC and DOE safeguards lack comparability. I J
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SECTION 3. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
There have been a number of reported incidents where persons without authorization have brought firearms into protected areas of NRC-regulated sites. The Commission's current -
authority to prevent unauthorized weapons or other dangerous instruments to enter the site is l
limited. Although the NRC may impose sanctions against the licensee for violations of its security regulations, there is no federal law permitting the imposition of criminal sanctions against the person responsible for bringing the weapon or other dangerous instrument to the site. <
Because of the potential danger to the public health and safety from nuclear theft or radiological sabotage that could result from the unauthorized introduction of weapons or other dangerous instruments to NRC regulated sites, the Commission is proposing that legislation be i
enacted permitting it to promulgate regulations prohibiting the unauthorized introduction of
4 weapons into NRC regulated sites. Violation of the r3gulations would constitute a Federal crime, which (under section 229 c. of the Atomic Energy Act) could result in a fine or imprisonment, or both. Such legislation would assist our licensees in their efforts to safeguard licensed nuclear 4
facilities and materials that must be protected against nuclear theft or radiological sabotage.
Facilities subject to certification by the Commission have been added to the provision.
This refers principally to the U.S. Enrichment Corporation.
I SECTION 4. SABOTAGE OF NUCLEAR FACILITIES OR FUEL j The proposed amendment would modify Section 236 of the Atomic Energy Act of 1954 1
to provide criminal sanctions for sabotage or attempted sabotage of a production, utilization, I waste storage, waste treatment, was'e disposal, uranium enrichment or fuel fabrication facility, during its construction where the action could affect public health and safety during the operation of the facility. The amendment would also extend section 236 coverage to all fuel fabrication facilities licensed or certified by the Commission.
Section 236, which makes sabotage or attempted sabotage of production or utilization facilities a Federal crime, was enacted in 1980, in response to a sabotage incident at the Surry nuclear reactor in Virginia. While the language of the present Section 236 could arguably be read to include plants which have been granted construction permits by the Commission, the legislative history strongly suggests that sabotage during the construction phase is not covered by the section.
The need for this legislation is illustrated by an incident which was discovered in 1984 at a plant under construction. There a bag containing some parts was found inside a pipe which had been welded closed after it had undergone several pre-welding checks. While this incident was determined to be negligence rather than sabotage, it demonstrated that an act of sabotage
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during construction could potentially have an adverse affect on public health and safety.
Sabotage during the later stages of construction, particularly during pre-operational testing, is of special concem because of the possibility that it might not be discovered prior to operation ,ince most of the inspections which could have led to the discovery of the sabotage would have already taken place. Thus, the Commission believes that enacting criminal sanctions to help deter such sabotage is warranted to prr.tect more adequately the public health and safety.
I SECTION 5. PERIOD OF COMBINED LICENSE.
Historically, under the Atomic Energy Act of 1954, the Commission licensed nuclear power plants in a two-step process, i.e., a construction permit was issued first, and an operating license followed. 'Section 103 c. of the Atomic Energy Act of 1954 provides a statutory duration limitation of 40 years for an operating license. The 40 year period commences when the operating license is issued by the Commission.
After years of experience with the two-step process, it became clear that a one-step I i
combined license would lend itself to a more efficient licensing process, and the Commission published regulations authorizing the issuance of such licenses in 1989. As the result of a court challenge to those regulations, the Congress made clear, in the Energy Policy Act of 1992, that ,
the Commission has the authority to issue combined licenses. This was done by adding a new subsection b. to section 185 of the Atomic Energy Act, directing the Commission to issue a combined construction and operating license for a production or utilization facility if, after holding a public hearing, the Commission determines that the application contains sufficient information to support the issuance and there is reasonable assurance that the facility will be constructed and operated in conformity with the license, the Act, and NRC rules and regulations. Under section 185 b., the Commission is required to identify within the license the inspections, tests,
6 and analyses that the licensee must perform, and the acceptance criteria that, if met, will provide i
reasonable assursnce that the facility has been constructed and will be operated in conformity with the license, the Act and NRC rules and regulations. Following issuance of the license, the Commission must ensure that the inspections, tests, and analyses identified in the license are performed and, orior to operation of the facility, the Commission must make a finding that the !
prescribed acceptance criteria are met.
The amendment did not make any express provision regarding the date on which the 40-year period of operation under a combined license would commence. Since under the j
process that involves a separate construction permit and operating license, the operating liccase for a facility becomes effective immediately upon issuance of such a license, the duration of operation of the facility can be a full 40 years. The potential duration of operations under a combined license should be no less, and achieving that goal is the purpose of the propoced amendment.
Therefore, the proposed amendment would make clear that the term of operation of a combined license commences when the Commission finds that the acceptance criteria prescribed in the license have been met. This approach is most consistent with the original Congressional intent in providing for a combined license, that is, to make the licensing process more efficient and expeditious.
SECTION 6. ELIMINATION OF FOREIGN OWNERSHIP PROHIBITIONS.
Sections 103 d. and 104 d. of the Atomic Energy Act prohibit the Commission from j
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issuing a license for construction or operation of utilization facilities (power and research reactors) to an alien or any other entity "if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government."
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The proposed amendment would remove this unqualified bar on foreign ownership. This change would not alter either the restrictions on foreign ownership of production facilities or !ne requirement that the Commission not authorize issuance of any license to a new owner if it finds
- that such ownership would be inimical to the common defense and security or to the health and i
safety of the public.
The restriction on foreign ownership of utilization facilities dates back to the original enactment of the Atomic Energy Act of 1954 (a s'omewhat similar provision was contained in the Atomic Energy Act of 1946), but at that time commercial development of nuclear power was in its incipient stages. Today, the situation is quite different. Commercial use of nuclear power is common in many countries, and the underlying technology is widely known and no longer requires the protection that may have seemed appropriate 45 years ago. Such a restriction is i
virtually non-existent with respect to other energy sources. I Further, since the amendment would make no change in the requirement that the Commission not authorize issuance of any license to a new owner if it finds that such ownership would be inimical to the common defense and security or to the health and safety of the public, there would be ample protection from takeovers by unacceptable foreign sources even with the elimination of the restriction on foreign ownership.
SECTION 7. ELIMINATION OF NRC ANTITRUST REVIEWS Section 105 c. of the Atomic Energy Act requires antitrust reviews by the NRC in connection with applications for a Commission license to construct or operate a commercial utilization or production facility. At the time the Commission was given this authority in 1970, the Congress believed that the Commission would be in a unique position to ensure that the licensed activities of nuclear utilities could not be used to create or maintain a situation
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8 inconsistent with the antitrust laws. However, the situation has changed considerably since that time. '
NRC's antitrust reviews are now duplicative of other agencies' efforts, in 1992, the j t
Congress passed the Energy Policy Act, which amended the Federal Power Act to substantially enlarge the authority of the Federal Energy Regulatory Commission (FERC) to prevent and a mitigate potential and existing abuses of market power by electric utilities, including nuclear utilities. As a result, FERC now possesses statutory authority overlapping that of the Commission under section 105 c. of the Atomic Energy Act to prevent and mitigate potential and existing anticompetitive behavior by electric utilities that utilize nuclear powc plants in addition, as reflected in section 105 a. of the Atomic Energy Act, the Attorney General possesses broad authority to enforce nuclear utility compliance with the antitrust laws. Thus, retaining the Commission's antitrust authority would result in duplicative regulation, which is wasteful of the NRC's resources and contrary to the objective of streamlining govemment.
The proposed amendment would eliminate NRC antitrust reviews of applications for a license (including applications for a combined license or a license transfer) that are pending on, or that are filed after, the effective date of the amendment to construct or operate a utilization facility. It would leave intact existing antitrust license conditions and the Commission's authority to enforce these existing conditions or otherwise take actions with respect to them. At the same time, the amendment would not relieve any person from compliance with the antitrust laws, and would not change the requirement that the Commission report to the Attorney General any information it may have with respect to violations of these laws. Thus, passage of the proposed amendment would not affect in any meaningful way the enforcement of antitrust laws with respect to NRC-licensed activities.
SECTION 8. ACTIONS RELATING TO SOURCE. BYPRODUCT AND SPECIAL NUCLEAR MATERIAL The proposed amendment would establish that NRC's cleanup standards are adequahly protective for purposes of the Comprehensive Environmer.tal Response, Compensation, and Liability Act, and that those standards govem the cleanup of sites and material licensed by the Commission, or by a State that has entered into an agreement pursuant to section 274 b. of ).ne
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Atomic Energy Act. The Nuclear Regulatory Commission has, by regulation, established the radiological criteria for the termination of licenses that fall under the regulatory autNrity of the Commission. These regulations provide a clear and consistent basis for determining the adequacy of remediation of residual radioactivity resulting from the possession of Atomic Energy Act material. Creating an additional cleanup standard, whether by Federal statute or by regulation, may make it extremely difficult for the cleanup of a site containing residual ,
radioactivity to reach finality, and the potential cleanup liability of parties who have been associated with an affected site may be viewed as being limitless in duration and amount.
The proposed amendment has implications for States that have entered into an agreement with the Commission under section 274 of the Atomic Energy Act, which provides a program under which an interested State may enter into an agreement with the Commission (thereby becoming an Agreement State) for the Commission to discontinue its authority over radioactive material within the State. An Agreement State may undertake to regulate the termination of Atomic Energy Act material licenses, requiring it to issue radiological criteria for the termination of licenses. The State's criteria must be at least as stringent as the Commission's in order for the State program to be found compatible, and may be more stringent than the Commission's. (The Commission retains continuing responsibility to review the State's regulatory program to ensure, among other things, that the program is adequate to protect the
- public health and safety and is compatible with the Commission's program.) The proposed
10 amendment would avoid the development of conflicts between the standards prescribed by Agreements States and additional cleanup standard created by Federal statute or regulation.
While the proposed amendment would make it clear that the standards issued by the Commission and Agreement States would govern cleanup of Atomic Energy Act material at licensed facilities, the Commission or an Agreement State could invoke the application of CERCLA in circumstances where it is necessary to effect adequate cleanup. That could conceivably be the case in rare cases where the regulatory efforts of the NRC or an Agreement State have not accomplished results that are satisfactory to the NRC or the Agreement State.
The proposed amendment of section 101(10)(K)is applicable to the notification and liability provisions of sections 102 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. The amendment would make it clear that the exceptions to
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l these provisions that apply to Federally permitted releases of Atomic Energy Act material by a l licensee also apply to a release of Atomic Energy Act material after a license has been terminated. This would ensure that releases presenting the same risk receive the same treatment under the notification and liability requirements of the Act.
i SECTION 9. HEARINGS ON LICENSING URANIUM ENRICHMENT FACILITIES The proposed amendment would improve the hearing process associated with NRC licensing of uranium enrichment facilities by eliminating the requirement for such a hearing to be "on the record". In fact, the only statutory requirement for "on the record" hearing in the Atomic Energy Act is with respect to licensing of a uranium enrichment facility. Hearings that are required to be "on the record" must conform to the formalities prescribed by sections 554, 556, and 557 of the Administrative Procedure Act. Such proceedings can be inefficient, protracted, l
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11 and costly. Not infrequently, they are associated with unwarranted delays in the proceedings, and they reduce the ability of the presiding officer to control the proceedings.
Elimination of the "on the record" requirement with respect to licensing of uranium enrichment facilities would provide the NRC with more flexibility in determining the appropriate hearing process in such proceedings. The Commission has adopted both formal hearing procedures (10 C.F.R. Part 2, Subpart G, Rules of General Applicability) and informal hearing procedures (10 C.F.R. Part 2, Subpart L, Informal Hearing Procedures for Adjudications in Materials and Operator Licensing Proceedings). Informal hearings are not without safeguards for the parties, who still have an opportunity to present their views, but they can be streamlined to be more efficient and expeditious than formal hearings. The process for licensing of uranium enrichment facilities may be better served by informal hearing procedures, but such procedures cannot be adopted so long as the "on the record" requirement remains in the statute.
SECTION 10. CONTINUATION OF COMMISSIONER SERVICE.
Section 201 of the Energy Reorganization Act provides for the establishment of the i Nuclear Regulatory Commission as an independent regulatory agency composed of five members who are appointed by the President, by and with the advice and consent of the Senate, for a term of five years. A quorum for the transaction of business by Commission members consists of three members. There is no provision in the Act for the conduct of business by Commission members in the situation where the Commission consists of less than three members.
At times, this hra left the Commission without a quorum. This occurred most recently during the period July 1,1995 to February 14,1996, when only two Commissioners were in place at the Nuclear Regulatory Commission. While the agency was able to conduct business
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12 during this period, the situation is awkward and it is contrary to the legislative determination that the agency should be headed by a collegiate body. By way of contrast, most independent agencies' organic legislation contains a carry-over service provision that usually has the effect of permitting the continuation of a quorum, even when there is a hiatus in time between the termination of members' appointment periods and their reappointment or the appointment of new members.
Though the amendment of section 201 to permit members whose term of office has been completed to serve for a limited period would not ensure a quorum, it would have that effect in most instances. It has been the experience of the agency th.at the situation of lack of a quorum usually results from the inability to have successor Commissioners appointed immediately upon the expiration of the prior Commissioners' terms. The problem would be solved in most instances by a provision that would allow Commissioners to continue to serve until (a) their successors have taken office, or (b) if earlier, the expiration of the next session of Congress subsequent to the expiration of the fixed term of office of the Commissioner. A holdover member could be removed at the President's discretion.
SECTION 11. GIFT ACCEPTANCE AUTHORITY.
From time-to-time, various non-Governmental sources have offered the Nuclear Regulatory Commission gifts of personal property that would facilitate the work of the Commission. Such offers have included, for example, provision of expensive technical publications dealing with nuclear power plant technology; provision of specialized training for NRC employees; provision of nuclear power plant equipment samples for the purpose of educating NRC employees about their properties and uses; provision of electronic equipment to facilitate exchange of information with non-Governmental parties who deal with the NRC. In 1
7 13 some cases, the donor places only a modest value on the property offered, but in others the value placed on the property is high.
The acceptance of these types of offers can be of considerable benefit to the Commission. However, the Atomic Energy Act does not expressly authorize the Nuclear Regulatory Commission to accept gifts of property. This is in contrast to the broad spectrum of I l
Federal agencies that have such statutory authority, including independent regulatory agencies such as the Federal Communications Commission and the Consumer Products Safety Commission. A provision that would authorize the Nuclear Regulatory Commission to accept gifts would be useful, and could provide modest savings to taxpayers.
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SECTION 12. OFFICE LOCATION.
Section 23 of the Atomic Energy Act now requires the Nuclear Regulatory Commission to " maintain an office for the service of process and papers within the District of Columbia." This requirement was enacted before the Commission's conso!idation in Rockville, Maryland. Now, I requiring maintenance of a District of Columbia office for this purpose has little point.
Commission efficiency could be enhanced if there were no such statutory requirement.
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