[Senate Report 109-347]
[From the U.S. Government Publishing Office]
Calendar No. 637
109th Congress Report
SENATE
2d Session 109-347
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NUCLEAR RELEASE NOTICE ACT OF 2006
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September 25, 2006.--Ordered to be printed
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Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 2348]
The Committee on Environment and Public Works, to which was
referred the bill (S. 2348) to amend the Atomic Energy Act of
1954 to require a licensee to notify the Nuclear Regulatory
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, having considered the
same, with an amendment in the nature of a substitute, reports
favorably thereon and recommends that the bill, as amended, do
pass.
General Statement and Background
U.S. nuclear power plants release various radioactive
materials to the environment, predominately in the form of
water and air emissions, during normal operation. Generally,
such releases occur under controlled, monitored conditions that
meet limits established by the Nuclear Regulatory Commission
(the NRC or the Commission) to protect public health and
safety.
During the 109th Congress, the NRC identified several
instances of unintended, abnormal water releases from nuclear
plants containing the radioactive elements tritium and
strontium-90. From January 2005 to August 2006, such releases
were reported to affect groundwater at operating and
decommissioning plants in at least six states: Arizona,
California, Connecticut, Illinois, Missouri, and New York. Some
reactors experienced several releases over an extended time
period, resulting in tritium concentrations in groundwater at
the plant site and in off-site wells. Such releases also raised
concern among local governments regarding the need for
additional disclosure.
On March 10, 2006, the NRC formed an ad-hoc Liquid
Radioactive Release Task Force to review unintended releases of
radioactive liquids containing tritium from U.S. commercial
nuclear power plants. Pursuant to its charter, this Task Force
will review each of these events, identify the cause, evaluate
any potential impact on public health and safety, examine the
remediation plans of affected nuclear power plants, and report
regarding any required actions to the Commission by the end of
2006. On May 9, 2006, the nuclear industry announced a
voluntary policy to enhance detection, management and reporting
of radiological releases to groundwater that are below federal
standards at nuclear power plants.
In the interest of assuring a continued and strengthened
federal commitment to disclosure of unintended radiological
releases, S. 2348 amends the Atomic Energy Act of 1954 to
require a rulemaking on such releases from nuclear power
plants. Specifically, this legislation would mandate that the
NRC conduct a rulemaking within 2 years of the date of
enactment to requiring nuclear plant licensees to notify the
governments of the State and county in which the civilian
nuclear power facility is located in the event of unintended,
abnormal releases to the environment of quantities of fission
products or other radioactive substances. This legislation
allows the NRC, through its rulemaking process, to work with
State and county officials in developing notification
procedures that best suit local government information needs.
Objectives of the Legislation
S. 2348 directs the Commission to promulgate regulations,
within 2 years of the date of enactment, requiring nuclear
plant licensees to notify the governments of the State and
county in which a civilian nuclear power facility is located in
the event of any release to the environment of quantities of
fission products or other radioactive substances. This bill
also directs NRC to consider a number of factors in developing
the regulations.
Legislative History
On March 1, 2006, the bill was received, read twice and
referred to the Senate Committee on Environment and Public
Works. The Committee met on September 13, 2006, to consider the
bill with an amendment in the nature of a substitute offered by
Senators Inhofe, Obama and Jeffords. The Inhofe-Obama-Jeffords
amendment was adopted by unanimous consent. S. 2348, as
amended, was ordered favorably reported by voice vote.
Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Nuclear Release Notice Act
of 2006.''
Sec. 2. Nuclear release notice requirement
This section directs NRC to promulgate regulations, within
2 years of the date of enactment, requiring nuclear plant
licensees to notify the governments of the State and county in
which the civilian nuclear power facility is located in the
event of any release to the environment of quantities of
fission products or other radioactive substances.
In the case of unplanned releases that exceed allowable
federal limits, the NRC is directed to consider: requiring
notice to State and county governments within 24 hours, if such
releases aren't already subject to more stringent reporting
requirements; and requiring notice when radiation enters into
the environment and may cause drinking water sources to exceed
a maximum contaminant level established by the U.S.
Environmental Protection Agency for radioactive substances
under the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
In the case of unplanned releases within allowable federal
limits that reach the environment by a path otherwise not
allowed or recognized by the plant's operating license, the NRC
is directed to consider: any recommendations issued by the
Liquid Radioactive Release Lessons Learned Task Force; the
frequency and form of notification; and the threshold, volume,
and radiation content that trigger notification to State and
county governments.
Hearings
No committee hearings were held specifically on S. 2348 in
the 109th Congress. In response to questions from Senator Obama
at the March 9, 2006 Subcommittee on Clean Air, Climate Change
and Nuclear Safety Oversight Hearing on the Nuclear Regulatory
Commission, the NRC provided additional information on tritium
releases at nuclear plants and its view on S. 2348. In
addition, during an Oversight Hearing on the Regulatory
Processes for New and Existing Nuclear Plants also held by the
Subcommittee on Clean Air, Climate Change and Nuclear Safety on
June 22, 2006, the Committee received testimony on S. 2348.
Witnesses included: Nils J. Diaz, Chairman, U.S. Nuclear
Regulatory Commission; Edward McGaffigan, Jr., Commissioner,
U.S. Nuclear Regulatory Commission; Jeffrey S. Merrifield,
Commissioner, U.S. Nuclear Regulatory Commission, Gregory B.
Jaczko, Commissioner, U.S. Nuclear Regulatory Commission; and
Peter B. Lyons, Commissioner, U.S. Nuclear Regulatory
Commission.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2348 on September 13, 2006. The bill was amended by
an Inhofe-Obama-Jeffords substitute amendment, adopted by
unanimous consent. The bill was ordered favorably reported by
voice vote. No rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 2348
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 2348 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Due to time constraints the Congressional Budget Office
estimate was not included in the report when received by the
committee, it will appear in the Congressional Record at a
later time.
ADDITIONAL VIEWS OF SENATOR BARACK OBAMA
In December 2005, Exelon Nuclear issued a public
announcement that tritium-contaminated water had leaked onto
the ground at the Braidwood nuclear plant in Will County,
Illinois--at least twice--from the pipeline that carries
process water into the Kankakee River. Both events had occurred
between six and eight years ago, measured up to three million
gallons in both instances, and were unknown to the public until
the press release last winter. Tritiated water was later
discovered to have migrated into at least one drinking well
beyond the Braidwood site boundaries.
In addition, leaks were discovered at the Byron nuclear
plant in Ogle County, Illinois (at four times the EPA standard)
and the Dresden nuclear plant in Grundy County, Illinois. At
the Dresden plant, a 2004 test found groundwater tritium levels
at 500 times the federal limit and in 2006 at 25 times higher
than the EPA safe drinking water level. In March 2006, the
State of Illinois filed a lawsuit against Exelon.
Community residents, as well as state and county officials
responsible for the safety and health of their constituents,
were stunned by these admissions since they had received no
notification from Exelon or the Nuclear Regulatory Commission
in 1998 or 2000 when these leaks occurred. While Federal law
requires state and local officials to be notified immediately
upon a ``declared emergency'' where health and safety are at
immediate risk, it does not require State and local officials
to be notified of any other accidental, unplanned, or
unintentional radioactive substance released into the
environment. Those incidents may be documented with the NRC and
made available to the public, but accessing that information is
contingent upon state and local officials actually knowing that
these incidents ever occurred. Moreover, questions remain as to
whether Exelon met its requirements for even notifying the NRC
of these instances.
The intent of S. 2348, the Nuclear Release Notice Act of
2006, as amended, is to preserve the public right-to-know by
ensuring that State and county officials are notified, within a
reasonable timeframe, when a nuclear power facility releases
unplanned radioactive substances into the environment.
This legislation is not about whether tritium is safe, or
at what concentration or level it poses a threat to public
safety or health, or whether tritium is present in ``Exit''
signs, or occurs naturally in granite, or is present in process
water released into rivers. This legislation is about ensuring
that nearby residents know whether they may have been exposed
to any level of radiation generated at a nuclear power plant as
a result of an unplanned, accidental, or unintentional incident
or occurrence. This legislation is also about determining
whether aberrations in the normal operating procedures of a
plant--such as leaks, equipment failures, substandard
management practices, or monitoring neglect--are early warning
signs of a potential mishap chain that warrants corrective
action.
As Congress grapples with how best to meet increases in
domestic energy consumption in the coming decades, while
addressing the related problems of air quality and carbon
emissions, nuclear power must remain an option. The State of
Illinois has 11 nuclear power plants--more than any other state
in the nation--and those plants generate 50 percent of our
state's energy needs. The future of nuclear power, however,
rests on public faith. When that public faith is breeched,
industry efforts to restore that confidence, especially when
those efforts are voluntary, cannot be expected to be
sufficient. Congress has an obligation and responsibility to
ensure that industry does not again fail the public.
The people of Illinois, and all families who live near
nuclear power plants throughout the United States, have the
right to know of the release of a radioactive substance into
the environment--that previously was not present, and occurred
specifically as a result of a failure in the normal operating
procedures of a corporation. They have the right to that
information within a reasonable timeframe, the right to a
third-party review of that information; and the right to reach
an independent conclusion as to whether those releases are
harmful. This legislation strengthens those rights, and ensures
that when radioactive substances are released into the
environment outside of normal operating procedures, notifying
State and local officials is not a courtesy, or a voluntary
action, but henceforth the law.
Barack Obama.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman:
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ATOMIC ENERGY ACT OF 1954
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CHAPTER 10. ATOMIC ENERGY LICENSES
SEC. 103. COMMERCIAL LICENSES.
(a) The Commission is authorized to issue licenses to
persons applying therefor to transfer or receive in interstate
commerce, manufacture, produce, transfer, acquire, possess, use
import, or export under the terms of an agreement for
cooperation arranged pursuant to section 123, utilization or
production facilities for industrial or commercial purposes.
Such licenses shall be issued in accordance with the provisions
of chapter 16 and subject to such conditions as the Commission
may by rule or regulation establish to effectuate the purposes
and provisions of this Act.
(b) The Commission shall issue such licenses on a
nonexclusive basis to persons applying therefore (1) whose
proposed activities will serve a useful purpose proportionate
to the quantities of special nuclear material or source
material to be utilized; (2) who are equipped to observe and
who agree to observe such safety standards to protect health
and to minimize danger to life or property as the Commission
may by rule establish; and (3) who agree to make available to
the Commission such technical information and data concerning
activities under such licenses as the Commission may determine
necessary to promote the common defense and security and to
protect the health and safety of the public. All such
information may be used by the Commission only for the purposes
of the common defense and security and to protect the health
and safety of the public.
(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 expiration of such period.
(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 may be
issued to an alien or 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 to the health
and safety of the public.
(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.
(f) Each license issued for a utilization facility
under this section or section 104b. shall require as a
condition thereof that in case of any accident which
could result in an unplanned release of quantities of
fission products in excess of allowable limits for
normal operation established by the Commission, the
licensee shall immediately so notify the Commission.
Violation of the condition prescribed by this
subsection may, in the Commission's discretion,
constitute grounds for license revocation. In
accordance with section 187 of this Act, the Commission
shall promptly amend each license for a utilization
facility issued under this section or section 104b.
which is in effect on the date of enactment of this
subsection to include the provisions required under
this subsection.
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