,,ii #aaeth ,,congress #b;d ,session ,s4 #bchh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #g1 #bjah,mr4 ,sanders 7for himself1 ,ms4 ,harris1 ,mr4 ,markey1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,atomic ,energy ,act of #aied to provide for consultation with ,state1 tribal1 and local governments1 the consideration of ,state1 tribal1 and local concerns1 and the approval of post-shutdown decommissioning activities reports by the ,nuclear ,regulatory ,commission4 #a4 ,short title ,this ,act may be cited as the ,nuclear ,plant ,decommissioning ,act of #bjah4 #b4 ,post-shutdown decommissioning activities reports 7a7 ,in general ,chapter #aj of title ,i of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baca et seq47 is amended by adding at the end the following3 #aac4 ,post-shutdown decommissioning activities reports a4 ,definitions ,in this section3 7#a7 ,affected ,state ,the term affected ,state means-- 7,a7 the host ,state of a covered facility2 and 7,b7 each ,state located within #ej miles of a covered facility4 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,covered facility ,the term covered facility means a facility of a licensee for which a ,,psdar is required4 7#d7 ,host ,state ,the term host ,state means the ,state in which a covered facility is located4 7#e7 ,license2 licensee ,the terms license and licensee have the meanings given the terms in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#f7 ,,psdar ,the term ,,psdar means a post-shutdown decommissioning activities report submitted to the ,commission and affected ,states under section #ej4hb7;a77#d77;i7 of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#g7 ,transferee ,the term transferee means an entity to which a licensee proposes to transfer a license for a covered facility4 7#h7 ,tribal government ,the term tribal government means the governing body of an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 b4 ,consultation required ,notwithstanding any other provision of law 7including regulations71 a licensee may not submit to the ,commission a proposed ,,psdar1 or transfer to another entity the license1 for a covered facility until the licensee and the transferee1 if applicable1 conduct consultation regarding the development of the proposed ,,psdar or the proposed license transfer1 as applicable1 with-- 7#a7 each affected ,state2 and 7#b7 each unit of ,state government or tribal government that-- 7,a7 is located in an affected ,state2 and 7,b7 has jurisdiction over land located within #ej miles of the covered facility4 c4 ,submission to ,commission2 additional consultation 7#a7 ,in general ,after carrying out the consultation required under subsection b4 with respect to a proposed ,,psdar or transfer of a license for a covered facility1 the licensee shall-- 7,a7 submit to the ,commission1 as applicable-- 7i7 the proposed ,,psdar2 or 7ii7 an application for transfer of a license2 and 7,b7 subject to paragraph 7#c71 make the proposed ,,psdar or application for transfer of a license1 as applicable1 available to the public4 7#b7 ,public availability ,on receipt of a proposed ,,psdar or notice of a proposed license transfer under paragraph 7#a77;,a71 the ,commission shall1 subject to paragraph 7#c71 make the proposed ,,psdar or application for transfer of a license1 as applicable1 available to the public4 7#c7 ,exclusion of certain information ,in making a proposed ,,psdar or application for transfer of a license1 as applicable1 available to the public under paragraph 7#a77;,b7 or 7#b71 the ,commission or the licensee1 as applicable1 may redact such information as the ,commission or the licensee1 as applicable1 determines to be necessary to protect-- 7,a7 trade secrets and commercial or financial information under section #eeb7;b77#d7 of title #e1 ,united ,states ,code2 or 7,b7 national security4 d4 ,public participation ,for a period of not less than #ij days beginning on the date on which a licensee submits a proposed ,,psdar to the ,commission under subsection c4 7#a77;,a7 or the date on which the ,commission dockets an application for transfer of a license under section #b4aja of title #aj1 ,code of ,federal ,regulations 7or successor regulations71 as applicable1 the ,commission shall solicit in the host ,state public comments regarding the proposed ,,psdar or notice of proposed license transfer1 including through-- 7#a7 the solicitation of written comments2 and 7#b7 the conduct of not fewer than #b public meetings4 e4 ,support1 conditional support1 or nonsupport by host ,state 7#a7 ,in general ,not later than #fj days after the date of receipt of a proposed ,,psdar or the date on which the ,commission dockets an application for transfer of a license under section #b4aja of title #aj1 ,code of ,federal ,regulations 7or successor regulations71 as applicable1 for a covered facility1 the ,commission shall notify the host ,state of the opportunity to file with the ,commission1 by the date that is #fj days after the date on which the host ,state receives the notification-- 7,a7 a statement of support for the proposed ,,psdar or license transfer2 7,b7 a statement of conditional support for the proposed ,,psdar or license transfer1 together with specific recommendations for changes that could lead the host ,state to support the proposed ,,psdar or license transfer2 or 7,c7 a statement of nonsupport for the proposed ,,psdar or license transfer4 7#b7 ,statement of support or nonsupport2 failure to submit 7,a7 ,in general ,if the host ,state files with the ,commission a statement of support under paragraph 7#a77;,a7 or a statement of nonsupport under paragraph 7#a77;,c71 or fails to file a statement with the ,commission by the deadline specified in paragraph 7#a71 the ,commission shall issue a determination regarding whether the proposed ,,psdar is adequate or inadequate or a determination regarding whether to provide consent for the proposed license transfer1 as applicable-- 7i7 based on the considerations described in subparagraph 7,b72 and 7ii7 after taking into consideration-- 7,i7 any written comments submitted by the host ,state1 other affected ,states1 and local communities with respect to the proposed ,,psdar or license transfer2 and 7,,ii7 any input from the public under subsection d4 7,b7 ,considerations ,the ,commission shall consider a proposed ,,psdar or license transfer to be adequate under subparagraph 7,a7 if the ,commission determines that-- 7i7 the proposed ,,psdar or license transfer provides for-- 7,i7 the overall protection of human health and the environment2 and 7,,ii7 adequate protection to the health and safety of the public and the common defense and security2 7ii7 the licensee 7and1 if applicable1 the transferee7 has a substantial likelihood of implementing the proposed ,,psdar or license transfer within the timeframe described in the proposed ,,psdar or license transfer application2 7iii7 the proposed ,,psdar or license transfer is in accordance with applicable law 7including regulations72 and 7iv7 the licensee 7and1 if applicable1 the transferee7 has demonstrated that the licensee has1 or will have1 the funds required to fully implement the proposed ,,psdar or license transfer within the timeframe described in the proposed ,,psdar or license transfer application1 based on-- 7,i7 a comprehensive radiological site assessment and characterization2 and 7,,ii7 a nonradiological site assessment and characterization conducted by the host ,state4 7,c7 ,determination of adequacy ,subject to paragraph 7#d71 if the ,commission determines that a proposed ,,psdar or license transfer is adequate under subparagraphs 7,a7 and 7,b71 the ,commission shall issue a decision document approving the ,,psdar or license transfer4 7,d7 ,determination of inadequacy ,if the ,commission determines that a proposed ,,psdar or license transfer is inadequate under subparagraphs 7,a7 and 7,b7-- 7i7 the ,commission shall issue a decision document rejecting the proposed ,,psdar or license transfer1 including a description of the reasons for the decision1 by the applicable deadline under paragraph 7#d72 and 7ii7 not later than #b years after the date of cessation of operations at the applicable covered facility1 the licensee shall develop and submit to the ,commission a new proposed ,,psdar or license transfer in accordance with this section4 7#c7 ,conditional support by host ,state 7,a7 ,in general ,in any case in which the host ,state files with the ,commission a statement of conditional support of a proposed ,,psdar or license transfer under paragraph 7#a77;,b71 the ,commission shall determine whether the proposed ,,psdar or license transfer is permissible under applicable law 7including regulations74 7,b7 ,changes ,notwithstanding the adequate protection of public health and safety or the common defense and security1 for each change recommended by the host ,state under paragraph 7#a77;,b71 the ,commission shall-- 7i7 provide for the inclusion of the change into the final ,,psdar or license transfer1 unless the ,commission determines the change to be inappropriate for inclusion1 based on clear and convincing evidence that-- 7,i7 the change violates applicable law2 or 7,,ii7 the total costs of the change substantially outweigh the safety1 economic1 or environmental benefits of the change to the host ,state2 and 7ii7 if applicable1 provide the rationale for each determination of inappropriateness under clause 7i74 7,c7 ,decision document 7i7 ,in general ,subject to paragraph 7#d71 based on the determinations made under subparagraphs 7,a7 and 7,b71 the ,commission shall issue a decision document relating to a proposed ,,psdar or license transfer that1 as applicable-- 7,i7 approves the proposed ,,psdar or license transfer with any changes recommended by the host ,state that are not determined to be inappropriate under subparagraph 7,b72 or 7,,ii7 rejects the proposed ,,psdar or license transfer4 7ii7 ,applicable law ,a decision document issued under clause 7i7 or subparagraph 7,c7 or 7,d77i7 of paragraph 7#b7 shall be considered to be a final order entered in a proceeding under section #ahi a4 7,d7 ,treatment on approval ,on approval by the ,commission of a proposed ,,psdar or license transfer under subparagraph 7,c77i77,i7 or paragraph 7#b77;,c7-- 7i7 the ,,psdar or approval of the license transfer by the ,commission shall be final2 and 7ii7 the licensee may begin implementation of the ,,psdar4 7,e7 ,rejection ,if the ,commission rejects a proposed ,,psdar or license transfer under subparagraph 7,c77i77,,ii71 not later than #b years after the date of cessation of operations at the applicable covered facility1 the licensee shall develop and submit to the ,commission a new proposed ,,psdar or license transfer in accordance with this section4 7#d7 ,deadline for decision document 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the ,commission shall issue a decision document relating to a proposed ,,psdar or license transfer under subparagraph 7,c7 or 7,d77i7 of paragraph 7#b7 or paragraph 7#c77;,c77i7 by not later than #a year after the date on which the proposed ,,psdar or an application for transfer of a license1 as applicable1 is submitted to the ,commission under subsection c4 7#a77;,a74 7,b7 ,proposed intermediate license transfers 7i7 ,definition of proposed intermediate license transfer ,in this subparagraph1 the term proposed intermediate license transfer means a proposed transfer of license-- 7,i7 for a covered facility on behalf of which a proposed ,,psdar has been submitted by the licensee to the ,commission under subsection c4 7#a77;,a77i72 and 7,,ii7 the notice of which is submitted to the ,commission under subsection c4 7#a77;,a77ii7 before the applicable deadline under subparagraph 7,a7 for the issuance by the ,commission of a decision document relating to the proposed ,,psdar described in subclause 7,i74 7ii7 ,deadline ,subject to subparagraph 7,c71 in any case in which a licensee submits to the ,commission a notice of a proposed intermediate license transfer of a covered facility1 the ,commission shall issue a decision document relating to the proposed ,,psdar of the covered facility by not later than #a year after the date of receipt of the application for transfer of a license4 7,c7 ,extension ,if there are unforeseen circumstances1 including unexpected technical issues1 site-specific characteristics1 or other external factors that could affect the ability of the ,commission to issue a decision document by a deadline specified in subparagraph 7,a7 or 7,b77ii71 the ,commission may extend the applicable deadline for a reasonable period of time1 as determined by the ,commission4 f4 ,additional requirements 7#a7 ,action by transferees ,on transfer of a license for a covered facility by a licensee to a transferee in accordance with this section1 the transferee shall conduct consultation in accordance with subsection b4 with respect to each proposed ,,psdar developed by the transferee for the covered facility4 7#b7 ,state environmental law compliance ,notwithstanding any other provision of this section1 the ,commission shall not approve a proposed ,,psdar or license transfer under this section unless the proposed ,,psdar or license transfer for a covered facility includes a requirement that the licensee and the transferee1 if applicable1 shall comply with applicable ,state law relating to air1 water1 or soil quality or radiological standards with respect to the implementation of the proposed ,,psdar or license transfer in any case in which the applicable ,state law is more restrictive than an applicable ,federal law4 g4 ,application to existing decommissioning activities 7#a7 ,in general ,the ,commission shall notify-- 7,a7 each licensee or transferee1 if applicable1 of the opportunity to develop and submit to the ,commission for approval a revised ,,psdar for any covered facility of the licensee for which1 as of the date of enactment of this section-- 7i7 decontamination and dismantlement activities described in the ,,psdar have not commenced at the covered facility2 or 7ii7 decontamination and dismantlement activities described in the ,,psdar have been commenced at the covered facility for a period of less than #e years2 and 7,b7 each affected ,state with respect to a covered facility described in subparagraph 7,a7 of the opportunity to consult with a licensee or transferee described in that subparagraph in accordance with subsection b4 7#b7 ,process 7,a7 ,in general ,except as provided in paragraphs 7#c7 and 7#d71 if a licensee or transferee described in paragraph 7#a77;,a7 elects to submit to the ,commission a revised ,,psdar under that paragraph1 the process for consideration and approval of the revised ,,psdar shall be carried out in accordance with-- 7i7 the process for consideration and approval of a proposed ,,psdar for a covered facility under subsections b41 c41 d41 and f42 and 7ii7 the process for support1 conditional support1 or nonsupport by the host ,state under subsection e4 7,b7 ,nonselection ,if a licensee or transferee described in paragraph 7#a77;,a7 elects not to revise an original ,,psdar under that paragraph1 the host ,state may file a statement of support1 conditional support1 or nonsupport for the original ,,psdar in accordance with the process for support1 conditional support1 or nonsupport by a host ,state under subsection e4 7#c7 ,decision document ,a decision document for a revised ,,psdar submitted under paragraph 7#a77;,a71 or for an original ,,psdar in any case in which the licensee or transferee elects not to revise the original ,,psdar1 shall be issued in accordance with subparagraph 7,c7 or 7,d77,i7 of subsection e4 7#b7 or subsection e4 7#c77;,c71 as applicable1 except that the ,commission shall issue the decision document by the date that is #a year after the date on which the applicable decontamination and dismantlement activities commence at the applicable covered facility4 7#d7 ,revision after determination of inadequacy ,if the ,commission rejects a revised ,,psdar submitted by a licensee or transferee under paragraph 7#a77;,a7 in accordance with subsection e4 7#b77;,d7 or subsection e4 7#c77;,e71 the licensee or transferee shall develop and submit to the ,commission a new revised ,,psdar in accordance with this subsection by not later than #b years after the date of the rejection4 4 7b7 ,technical and conforming amendments 7#a7 ,in general ,the ,atomic ,energy ,act of #aied is amended-- 7,a7 in section #ajc 7#db ,u4,s4,c4 #bacc7-- 7i7 in subsection d41 in the second sentence1 by striking any any and inserting any2 and 7ii7 by redesignating subsection f4 as subsection e42 and 7,b7 in section #aaa 7#db ,u4,s4,c4 #bada71 by striking the section designation and all that follows through ,the ,nuclear in subsection a4 and inserting the following3 #aaa4 ,licensing by ,nuclear ,regulatory ,commission of distribution of certain materials by ,department of ,energy a4 ,the ,nuclear 4 7#b7 ,table of contents ,the table of contents of the ,atomic ,energy ,act of #aied 7#fh ,stat4 #iai2 #abf ,stat4 #bbaf7 is amended by striking the items relating to chapter #aj of title ,i and inserting the following3 ,chapter #aj4 ,atomic energy licenses,sec4 #aja4 ,license required4,sec4 #ajb4 ,utilization and production facilities for industrial or commercial purposes4,sec4 #ajc4 ,commercial licenses4,sec4 #ajd4 ,medical therapy and research and development4,sec4 #aje4 ,antitrust provisions4,sec4 #ajf4 ,classes of facilities4,sec4 #ajg4 ,operators' licenses4,sec4 #ajh4 ,war or national emergency4,sec4 #aji4 ,component and other parts of facilities4,sec4 #aaj4 ,exclusions4,sec4 #aaa4 ,licensing by ,nuclear ,regulatory ,commission of distribution of certain materials by ,department of ,energy4,sec4 #aab4 ,domestic medical isotope production4,sec4 #aac4 ,post-shutdown decommissioning activities reports4 4