S. 2348 (109th): Nuclear Release Notice Act of 2006

109th Congress, 2005–2006. Text as of Sep 25, 2006 (Reported by Senate Committee).

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II

Calendar No. 637

109th CONGRESS

2d Session

S. 2348

[Report No. 109–347]

IN THE SENATE OF THE UNITED STATES

March 1, 2006

(for himself, Mr. Durbin, Mrs. Boxer, Mrs. Clinton, and Mr. Voinovich) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

September 25, 2006

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Atomic Energy Act of 1954 to require a licensee to notify the Atomic Energy Commission, and the State and county in which a facility is located, whenever there is an unplanned release of fission products in excess of allowable limits.

1.

Short title

This Act may be cited as the Nuclear Release Notice Act of 2006.

2.

Nuclear release notice requirement

Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended—

(1)

by redesignating subsection f. as subsection e.; and

(2)

in subsection e. (as so redesignated)—

(A)

by designating the first, second, and third sentences as paragraphs (1), (2), and (3), respectively;

(B)

by striking the subsection designation and paragraph (1) (as so designated) and inserting the following:

f.

Notice of unplanned release of radioactive substances

(1)

Notice required

(A)

In general

Each license issued for a utilization facility under this section or section 104 b. shall require as a condition of the license that in case of an unplanned release described in subparagraph (B), the licensee shall immediately notify the Commission, and the State and county in which the facility is located, of the release.

(B)

Unplanned releases

Subparagraph (A) applies to any unplanned release of quantities of fission products or other radioactive substances—

(i)

in excess of allowable limits for normal operation established by the Commission or other applicable Federal laws or standards; and

(ii)

within allowable limits for normal operation established by the Commission or other applicable Federal laws or standards but that occurs more than twice within a 2-year period originating from the same source, process, or equipment at a facility.

; and

(C)

in paragraph (3) (as so designated), by striking date of enactment of this subsection and inserting date of enactment of the Nuclear Release Notice Act of 2006.

1.

Short title

This Act may be cited as the Nuclear Release Notice Act of 2006.

2.

Nuclear release notice requirement

Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended by inserting after subsection d. the following:

e.

Notice of unplanned release of radioactive substances

(1)

Regulations

(A)

In general

Not later than 2 years after the date of enactment of the Nuclear Release Notice Act of 2006, the Commission shall promulgate regulations that require civilian nuclear power facilities licensed under this section or section 104(b) to provide notice of any release to the environment of quantities of fission products or other radioactive substances.

(B)

Considerations

In developing the regulations under subparagraph (A), the Commission shall consider requiring licensees of civilian nuclear power facilities to provide notice of the release—

(i)

not later than 24 hours after the release;

(ii)

to the Commission and the governments of the State and county in which the civilian nuclear power facility is located, if the unplanned release—

(I)
(aa)

exceeds allowable limits for normal operation established by the Commission; and

(bb)

is not subject to more stringent reporting requirements established in existing regulations of the Commission; or

(II)
(aa)

enters into the environment; and

(bb)

may cause drinking water sources to exceed a maximum contaminant level established by the Environmental Protection Agency for fission products or other radioactive substances under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and

(iii)

to the governments of the State and county in which the civilian nuclear power facility is located if the unplanned release reaches the environment by a path otherwise not allowed or recognized by the operating license of the civilian nuclear power facility and falls within the allowable limits specified in clause (ii), including—

(I)

considering any recommendations issued by the Liquid Radioactive Release Lessons-Learned Task Force;

(II)

the frequency and form of the notice; and

(III)

the threshold, volume, and radiation content that trigger the notice.

(2)

Effect

Nothing in this subsection provides to any State or county that receives a notice under this subsection regulatory jurisdiction over a licensee of a civilian nuclear power facility.

.

September 25, 2006

Reported with an amendment