May 14, 2025
Mr. Scott of South Carolina (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To amend the Atomic Energy Act of 1954 to provide for more efficient hearings on nuclear facility construction applications, and for other purposes.
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 Efficient Nuclear Licensing Hearings Act
.
Sec. 2. Updating hearing procedures
(a) Hearings and judicial review
Section 189 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A)—
(i)
in the first sentence, by striking In any proceeding under this Act
and inserting the following:
(i)
In any proceeding under this Act; and
(ii)
in clause (i) (as so designated), by striking The Commission shall hold a hearing
and all that follows through upon a determination by the Commission that the amendment involves no significant hazards consideration.
and inserting the following:
(ii)
The Commission may, in the absence of a request for a hearing by any person whose interest may be affected, issue a construction permit, an operating license, a combined construction permit and operating license, an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license under section 103, 104 b., 104 c., or 185 b. for a facility or a testing facility, without a hearing, but upon thirty days notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days notice and publication with respect to any application for an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.
(iii)
The Commission shall use informal adjudicatory procedures for any hearing held by the Commission pursuant to this subparagraph. ;
(B)
in subparagraph (B)(iv)—
(i)
by inserting informal
before hearing procedures
; and
(ii)
by striking , whether informal or formal adjudicatory,
; and
(2)
in paragraph (2)(A), in the second sentence, by striking required hearing
and inserting hearing held by the Commission under this section
.
(b) Construction permits and operating licenses
Section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)) is amended by striking After holding a public hearing under section 189 a. (1)(A),
and inserting After the thirty days notice and publication period or holding a hearing, as applicable, under section 189 a. (1)(A),
.
(c) Licensing of uranium enrichment facilities
Section 193(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2243(b)) is amended—
(1)
in paragraph (1)—
(A)
by striking on the record
; and
(B)
by inserting if a person whose interest may be affected by such construction and operation has requested a hearing regarding the licensing of the construction and operation of the facility
after and 63
; and
(2)
in paragraph (2), by striking Such hearing
and inserting If a hearing is held under paragraph (1), the hearing
.
(d) Applicability
The amendments made by this section shall apply to all applications and proceedings pending before the Nuclear Regulatory Commission on or after the date of enactment of this section.