[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3441 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3441
To amend the Atomic Energy Act of 1954 to provide for consultation with
State, Tribal, and local governments, the consideration of State,
Tribal, and local concerns, and the approval of post-shutdown
decommissioning activities reports by the Nuclear Regulatory
Commission.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2025
Mr. Welch (for himself, Mr. Sanders, Mrs. Gillibrand, and Mr. Markey)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Atomic Energy Act of 1954 to provide for consultation with
State, Tribal, and local governments, the consideration of State,
Tribal, and local concerns, and the approval of post-shutdown
decommissioning activities reports by the Nuclear Regulatory
Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Plant Decommissioning Act of
2025''.
SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
(a) In General.--Chapter 10 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the
following:
``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
``a. Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State located within 50 miles of a
covered facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Covered material.--The term `covered material'
means--
``(A) high-level radioactive waste;
``(B) spent nuclear fuel;
``(C) transuranic waste;
``(D) byproduct material that meets the
requirements of section 11 e. (2); and
``(E) any other nuclear or radioactive waste or
material for which the Commission determines that a
material change by the licensee in the manner of
handling, storing, or disposing of that waste or
material should be preceded by consultation under
subsection b.
``(5) Covered psdar.--The term `covered PSDAR' means--
``(A) the initial PSDAR for a covered facility; and
``(B) any subsequent PSDAR for a covered facility
in which the licensee proposes, as determined by the
Commission--
``(i) a significant update to the
decommissioning strategy; or
``(ii) a material change in the manner in
which covered material is handled, stored, or
disposed of.
``(6) Host state.--The term `host State' means the State in
which a covered facility is located.
``(7) License; licensee.--The terms `license' and
`licensee' have the meanings given those terms in section 50.2
of title 10, Code of Federal Regulations (or successor
regulations).
``(8) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or successor regulations).
``(9) Transferee.--The term `transferee' means an entity to
which a licensee proposes to transfer a license for a covered
facility.
``(10) Tribal government.--The term `Tribal government'
means the governing body of an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)).
``b. Consultation Required.--Notwithstanding any other provision of
law (including regulations), a licensee may not submit to the
Commission a proposed covered PSDAR, or transfer to another entity the
license, for a covered facility until the licensee and the transferee,
if applicable, conduct consultation regarding the development of the
proposed covered PSDAR or the proposed license transfer, as applicable,
with--
``(1) each affected State; and
``(2) each unit of State government or Tribal government
that--
``(A) is located in an affected State; and
``(B) has jurisdiction over land located within 50
miles of the covered facility.
``c. Submission to Commission; Public Availability.--
``(1) In general.--After carrying out the consultation
required under subsection b. with respect to a proposed covered
PSDAR or transfer of a license for a covered facility, the
licensee shall--
``(A) submit to the Commission, as applicable--
``(i) the proposed covered PSDAR; or
``(ii) an application for transfer of a
license; and
``(B) subject to paragraph (3), make the proposed
covered PSDAR or application for transfer of a license,
as applicable, available to the public.
``(2) Public availability.--On receipt of a proposed
covered PSDAR or application for transfer of a license under
paragraph (1)(A), the Commission shall, subject to paragraph
(3), make the proposed covered PSDAR or application for
transfer of a license, as applicable, available to the public.
``(3) Exclusion of certain information.--In making a
proposed covered PSDAR or application for transfer of a
license, as applicable, available to the public under paragraph
(1)(B) or (2), the Commission or the licensee, as applicable,
may redact such information as the Commission or the licensee,
as applicable, determines to be necessary to protect--
``(A) trade secrets and commercial or financial
information under section 552(b)(4) of title 5, United
States Code; or
``(B) national security.
``d. Public Participation.--For a period of not less than 90 days
beginning on the date on which a licensee submits a proposed covered
PSDAR to the Commission under subsection c. (1)(A) or the date on which
the Commission dockets an application for transfer of a license under
section 2.101 of title 10, Code of Federal Regulations (or successor
regulations), as applicable, the Commission shall solicit in the host
State public comments regarding the proposed covered PSDAR or notice of
proposed license transfer, including through--
``(1) the solicitation of written comments; and
``(2) the conduct of not fewer than 2 public meetings.
``e. Support, Conditional Support, or Nonsupport by Host State.--
``(1) In general.--Not later than 60 days after the date of
receipt of a proposed covered PSDAR or the date on which the
Commission dockets an application for transfer of a license
under section 2.101 of title 10, Code of Federal Regulations
(or successor regulations), as applicable, for a covered
facility, the Commission shall notify the host State of the
opportunity to file with the Commission, by the date that is 60
days after the date on which the host State receives the
notification--
``(A) a statement of support for the proposed
covered PSDAR or license transfer;
``(B) a statement of conditional support for the
proposed covered PSDAR or license transfer, together
with specific recommendations for changes that could
lead the host State to support the proposed covered
PSDAR or license transfer; or
``(C) a statement of nonsupport for the proposed
covered PSDAR or license transfer.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files with the
Commission a statement of support under paragraph
(1)(A) or a statement of nonsupport under paragraph
(1)(C), or fails to file a statement with the
Commission by the deadline specified in paragraph (1),
the Commission shall issue a determination regarding
whether the proposed covered PSDAR is adequate or
inadequate or a determination regarding whether to
provide consent for the proposed license transfer, as
applicable--
``(i) based on the considerations described
in subparagraph (B); and
``(ii) after taking into consideration--
``(I) any written comments
submitted by the host State, other
affected States, and local communities
with respect to the proposed covered
PSDAR or license transfer; and
``(II) any input from the public
under subsection d.
``(B) Considerations.--The Commission shall
consider a proposed covered PSDAR or license transfer
to be adequate under subparagraph (A) if the Commission
determines that--
``(i) the proposed covered PSDAR or license
transfer provides for--
``(I) the overall protection of
human health and the environment; and
``(II) adequate protection to the
health and safety of the public and the
common defense and security;
``(ii) the licensee (and, if applicable,
the transferee) has a substantial likelihood of
implementing the proposed covered PSDAR or
license transfer within the timeframe described
in the proposed covered PSDAR or license
transfer application;
``(iii) the proposed covered PSDAR or
license transfer is in accordance with
applicable law (including regulations); and
``(iv) the licensee (and, if applicable,
the transferee) has demonstrated that the
licensee has, or will have, the funds required
to fully implement the proposed covered PSDAR
or license transfer within the timeframe
described in the proposed covered PSDAR or
license transfer application, based on--
``(I) a comprehensive radiological
site assessment and characterization;
and
``(II) a nonradiological site
assessment and characterization
conducted by the host State.
``(C) Determination of adequacy.--Subject to
paragraph (4), if the Commission determines that a
proposed covered PSDAR or license transfer is adequate
under subparagraphs (A) and (B), the Commission shall
issue a decision document approving the covered PSDAR
or license transfer.
``(D) Determination of inadequacy.--
``(i) In general.--If the Commission
determines that a proposed covered PSDAR or
license transfer is inadequate under
subparagraphs (A) and (B)--
``(I) the Commission shall issue a
decision document rejecting the
proposed covered PSDAR or license
transfer, including a description of
the reasons for the decision, by the
applicable deadline under paragraph
(4); and
``(II) the licensee may develop and
submit to the Commission a new proposed
covered PSDAR or license transfer
application in accordance with this
section.
``(ii) Certain covered psdars.--If the
Commission rejects a proposed covered PSDAR
that is the initial PSDAR for a covered
facility, the licensee shall develop and submit
to the Commission a new proposed covered PSDAR
in accordance with this section not later than
2 years after the date of cessation of
operations at the covered facility.
``(3) Conditional support by host state.--
``(A) In general.--In any case in which the host
State files with the Commission a statement of
conditional support of a proposed covered PSDAR or
license transfer under paragraph (1)(B), the Commission
shall determine whether the proposed covered PSDAR or
license transfer is permissible under applicable law
(including regulations).
``(B) Changes.--Notwithstanding the adequate
protection of public health and safety or the common
defense and security, for each change recommended by
the host State under paragraph (1)(B), the Commission
shall--
``(i) provide for the inclusion of the
change into the final covered PSDAR or license
transfer, unless the Commission determines the
change to be inappropriate for inclusion, based
on clear and convincing evidence that--
``(I) the change violates
applicable law; or
``(II) the total costs of the
change substantially outweigh the
safety, economic, or environmental
benefits of the change to the host
State; and
``(ii) if applicable, provide the rationale
for each determination of inappropriateness
under clause (i).
``(C) Decision document.--
``(i) In general.--Subject to paragraph
(4), based on the determinations made under
subparagraphs (A) and (B), the Commission shall
issue a decision document relating to a
proposed covered PSDAR or license transfer
that, as applicable--
``(I) approves the proposed covered
PSDAR or license transfer with any
changes recommended by the host State
that are not determined to be
inappropriate under subparagraph (B);
or
``(II) rejects the proposed covered
PSDAR or license transfer.
``(ii) Applicable law.--A decision document
issued under clause (i) or subparagraph (C) or
(D)(i) of paragraph (2) shall be considered to
be a final order entered in a proceeding under
section 189 a.
``(D) Treatment on approval.--On approval by the
Commission of a proposed covered PSDAR or license
transfer under subparagraph (C)(i)(I) or paragraph
(2)(C)--
``(i) the covered PSDAR or approval of the
license transfer by the Commission shall be
final; and
``(ii) the licensee may begin
implementation of the covered PSDAR.
``(E) Rejection.--
``(i) In general.--If the Commission
rejects a proposed covered PSDAR or license
transfer under subparagraph (C)(i)(II), the
licensee may develop and submit to the
Commission a new proposed covered PSDAR or
license transfer application in accordance with
this section.
``(ii) Certain covered psdars.--If the
Commission rejects a proposed covered PSDAR
that is the initial PSDAR for a covered
facility, the licensee shall develop and submit
to the Commission a new proposed covered PSDAR
in accordance with this section not later than
2 years after the date of cessation of
operations at the covered facility.
``(4) Deadline for decision document.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Commission shall issue a decision document
relating to a proposed covered PSDAR or license
transfer under subparagraph (C) or (D)(i)(I) of
paragraph (2) or paragraph (3)(C)(i) by not later than
1 year after the date on which the proposed covered
PSDAR or an application for transfer of a license, as
applicable, is submitted to the Commission under
subsection c. (1)(A).
``(B) Proposed intermediate license transfers.--
``(i) Definition of proposed intermediate
license t