Atomic Energy Act Amendments of 1980

Summary

Atomic Energy Act Amendments of 1980 - Title I: Amendments Relating Primarily to Facility Siting and Safety - Prohibits for three years, the issuance of any operating license for a nuclear powerplant unless the Nuclear Regulatory Commission certifies to the Congress that the design, operation, and planning of the powerplant comply with recommendations made with respect to the Three Mile Island incident and safety conditions specified in the Energy Reorganization Act of 1974. Prohibits the issuance of construction permits for three years unless the Commission has reviewed the safety of its siting regulations and procedures. Prohibits the Commission from delegating such duties during such three-year period. Requires the issuance of construction permits to be based on the same detailed information required for operating licenses. Amends the Atomic Energy Act of 1954 to direct the Federal Emergency Management Agency (FEMA), in consultation with the Commission, to carry out a program of State and local radiological emergency response planning and preparedness in connection with facilities required to be licensed which present a potential for radiological releases. Directs FEMA to: (1) publish criteria for such State and local emergency plans; (2) review the adequacy of such plans; and (3) provide necessary training for State and local officials. Prohibits the Commission from licensing any facility unless it determines that an adequate emergency response plan is in effect. Authorizes the Commission to license a facility with deficiencies in its plan if they are not significant or they can be cured by alternative safety measures. Directs FEMA to conduct a review of State and local emergency response plans with respect to facilities operating under an existing license. Requires that FEMA consult with the Commission in conducting such review. Requires a report to Congress containing assessments of such plans within one year of the enactment of this Act. Requires the Commission to report to the Congress on alternative safety objectives with respect to each stage of the nuclear fuel cycle. Directs the Commission to promulgate regulations providing for the siting of nuclear facilities in a manner which will assure adequate emergency response. Sets forth factors which must be considered by the Commission in promulgating such regulations. Prohibits the issuance of any limited work authorization for any facility which is located in derogation of such siting regulations. Permits the States to regulate the siting of nuclear facilities for which the Commission is required to issue construction permits. Preempts State regulations which: (1) impose design or operation standards different from those of the Commission; (2) prohibit the construction of a facility which has obtained a construction permit; or (3) impose less stringent standards than Federal law with respect to the siting of facilities. Sets forth provisions which require State review of proposed sites for nuclear facilities. Provides for consolidation of such review with later environmental impact statements required in the issuance of operating permits. Prohibits the reassessment of siting, need, fuel cycle effects and alternative energy sources unless circumstances have materially changed since the earlier reviews of a proposed facility. Title II: Amendments Relating Primarily to Radioactive Waste - Directs the Secretary of Energy and the United States Geological Survey to issue an Earth Sciences Technical Plan on the use of deep geologic repositories for high-level nuclear waste. Sets forth a schedule for implementation of such Plan and interim reports to the Congress. Requires the Nuclear Regulatory Commission to issue a construction permit for a high-level waste repository by June 15, 1991. Requires such repository to be licensed for use by January 30, 1996. Prohibits the construction of any new nuclear powerplant after January 30, 1996 if such a repository is not in operation. Authorizes appropriations for fiscal year 1981 to develop the Earth Sciences Technical Plan. Provides for State review of decisions concerning high-level waste repositories through Nuclear Waste Repository Impact Review Boards. Prohibits the siting of any repository unless the applicable State Board has participated in the licensing review. Sets forth provisions governing the operation of such Boards. Authorizes Federal technical and economic assistance for such Boards. Empowers the State Review Boards to require alterations in the planning and operation of repositories subject to administrative review. Sets forth provisions regulating the disposal of low-level radioactive waste. Prohibits the issuance of any license or permit for any facility or activity which would generate low-level radioactive waste five years following the enactment of this Act unless State action has been taken to assure safe storage and disposal. Authorizes the use of interstate compacts to implement such programs. Authorizes appropriations for Federal assistance to such programs. Authorizes the Secretary of Energy to enter contracts with domestic and foreign nuclear powerplants to provide for the storage of spent fuel. Terminates such authority on December 31, 1981. Requires the Secretary to report to Congress on February 15, 1983 on the need for storage capacity in order to perform such contracts. Sets forth eligibility requirements for such contracts including stipulations that: (1) a domestic producer must be unable to provide for the storage of spent fuel; and (2) the storage of foreign fuel must be necessary to achieve nuclear nonproliferation. Directs the Secretary to charge appropriate fees for storage services. Prohibits such contracts from granting the United States title to spent fuel. Authorizes appropriations for such activities in fiscal year 1981. Title III: Miscellaneous Provisions - Requires the Nuclear Regulatory Commission to provide funding for public participation in Commission proceedings. Terminates such funding three years after the enactment of this Act. Prohibits the courts from enjoining any Commission proceeding for failure to provide such funding or from reviewing any decision of the Commission with respect to such funding. Makes the States solely responsible for the determination on the need for electric energy which would be generated by a proposed nuclear facility. Requires the States to prepare the environmental impact statement dictated by such a determination under the National Environmental Policy Act of 1969. Authorizes the Governor of a State to delegate the responsibility for such a determination to the Commission. Increases the standard deferred premium which may be charged a licensee following a nuclear incident. Requires such premiums to be paid in equal installments over a period between one and five years. Increases the amount of indemnification the Commission may provide a licensee or a Federal contractor to $5,000,000,000. Reduces such indemnity by an amount equal to all of the financial protection required of a licensee or contractor. Limits the public liability of a person indemnified for a single nuclear incident to the sum of the required financial protection and the applicable indemnity. Increases the annual fee which the Commission may charge for an indemnification agreement from $30 to $1,000. Authorizes the Commission to return any portion of a collected fee after ten years. Requires the Commission to survey the cause and extent of damage of each nuclear incident regardless of the extent of public liability. Increases the indemnity for a licensee operating as a nonprofit educational institution to $5,000,000,000. Authorizes the Commission to require any person who it indemnifies to waive certain defenses to liability with respect to any nuclear incident (under existing law such waivers may be obtained only with respect to extraordinary nuclear occurrences). Increases the period of time within which a suit may be brought pursuant to a waiver of any statute of limitations to 40 years from the date of a nuclear incident. Requires the 1983 Commission report to the Congress to contain recommendations concerning liability issues, specifically those relating to proof of causation and proper elements of damages. Directs the Commission to promulgate regulations to implement the amendments made by this Act with respect to liability and indemnity. Terminates existing law and regulations one year after enactment. Expands the authority of the Advisory Committee on Reactor Safeguards to review actions of the Commission with respect to licensing, siting and applications for amendments. Requires the Commission, before entering any regulatory agreement with a State, to determine that the State has the financial and technical ability to carry out the agreement and that the agreement assures State diligence in acting on license renewals. Title IV: Nuclear Safety Board - Establishes the Nuclear Safety Board as an independent executive agency. Provides for presidential appointment of three members of such Board, and sets forth provisions relating to terms, compensation, and appointment of officers and support staff. Sets forth the duties of such Board, including: (1) investigation of potentially hazardous events occurring at facilities regulated by the Nuclear Regulatory Commission; (2) analysis of operational data reported to it by such facilities to determine the existence of patterns of events indicating safety problems; (3) conducting nuclear facility safety studies; (4) evaluation of suggestions received from the scientific and industrial community and others on improving nuclear facility safety; (5) recommendation to the Commission of specific measures to minimize the likelihood of events which could affect public health or safety; (6) assessment of the effectiveness of the Commission in monitoring facility operations and in providing safety procedures concerning construction and operation of such facilities; (7) monitoring the Commission's resolution of safety issues; (8) establishment of reporting requirements regarding facility design, construction, and operation, which shall be binding on the Commission, Federal, State, and local nuclear safety agencies, and private parties involved with facility construction or operation, and (9) issuance of periodic reports on nuclear facility safety. Grants the Board specified powers relating to issuance of subpoenas, data, delegation, contracting authority and appointment of advisory committees. Authorizes the Board to make any information not relating to trade secrets available to the public upon request, with exceptions. Requires the Commission to provide written response to the Board to each recommendation submitted by the Board regarding nuclear safety. Establishes civil penalties for violation of reporting requirements regarding facility design, construction, or operation. Authorizes judicial review of any order issued by the Board under this Act. Requires the Board to submit an annual report to the Congress on the activities conducted by the Board. Terminates the existence of the Board six years after the date of enactment of this Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Reported to House amended, Part I

  summary · EN · 24 September 1980

  Open at official source

• Reported to House amended, Part II

  summary · EN · 24 September 1980

  Open at official source

• Introduced in House

  summary · EN · 31 January 1980

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.