NRC: ML13274A489 - Nuclear Regulatory Legislation

Transcription

NUREG-0980Vol. 1, No. 10Nuclear RegulatoryLegislation112th Congress; 2nd SessionOffice of the General Counsel

AVAILABILITY OF REFERENCE MATERIALSIN NRC PUBLICATIONSNRC Reference MaterialNon-NRC Reference MaterialAs of November 1999, you may electronically accessNUREG-series publications and other NRC records atNRC’s Public Electronic Reading Room athttp://www.nrc.gov/reading-rm.html. Publicly releasedrecords include, to name a few, NUREG-seriespublications; Federal Register notices; applicant,licensee, and vendor documents and correspondence;NRC correspondence and internal memoranda; bulletinsand information notices; inspection and investigativereports; licensee event reports; and Commission papersand their attachments.Documents available from public and special technicallibraries include all open literature items, such as books,journal articles, transactions, Federal Register notices,Federal and State legislation, and congressional reports.Such documents as theses, dissertations, foreign reportsand translations, and non-NRC conference proceedingsmay be purchased from their sponsoring organization.NRC publications in the NUREG series, NRCregulations, and Title 10, “Energy,” in the Code ofFederal Regulations may also be purchased from oneof these two sources.1. The Superintendent of DocumentsU.S. Government Printing OfficeMail Stop SSOPWashington, DC 20402–0001Internet: bookstore.gpo.govTelephone: 202-512-1800Fax: 202-512-22502. The National Technical Information ServiceSpringfield, VA 22161–0002www.ntis.gov1–800–553–6847 or, locally, 703–605–6000Copies of industry codes and standards used in asubstantive manner in the NRC regulatory process aremaintained at—The NRC Technical LibraryTwo White Flint North11545 Rockville PikeRockville, MD 20852–2738These standards are available in the library for referenceuse by the public. Codes and standards are usuallycopyrighted and may be purchased from the originatingorganization or, if they are American National Standards,from—American National Standards Institute11 West 42nd StreetNew York, NY 10036–8002www.ansi.org212–642–4900A single copy of each NRC draft report for comment isavailable free, to the extent of supply, upon writtenrequest as follows:Address: U.S. Nuclear Regulatory CommissionOffice of AdministrationPublications BranchWashington, DC 20555-0001E-mail: DISTRIBUTION.RESOURCE@NRC.GOVFacsimile: 301–415–2289Some publications in the NUREG series that areposted at NRC’s Web site ns/nuregsare updated periodically and may differ from the lastprinted version. Although references to material found ona Web site bear the date the material was accessed, thematerial available on the date cited may subsequently beremoved from the site.Legally binding regulatory requirements are stated onlyin laws; NRC regulations; licenses, including technicalspecifications; or orders, not in NUREG-seriespublications. The views expressed in contractorprepared publications in this series are not necessarilythose of the NRC.The NUREG series comprises (1) technical andadministrative reports and books prepared by the staff(NUREG–XXXX) or agency contractors (NUREG/CR–XXXX), (2) proceedings of conferences (NUREG/CP–XXXX), (3) reports resulting from internationalagreements (NUREG/IA–XXXX), (4) brochures(NUREG/BR–XXXX), and (5) compilations of legaldecisions and orders of the Commission and Atomic andSafety Licensing Boards and of Directors’ decisionsunder Section 2.206 of NRC’s regulations (NUREG–0750).DISCLAIMER: This report was prepared as an accountof work sponsored by an agency of the U.S.Government. Neither the U.S. Government nor anyagency thereof, nor any employee, makes any warranty,expressed or implied, or assumes any legal liability orresponsibility for any third party’s use, or the results ofsuch use, of any information, apparatus, product, orprocess disclosed in this publication, or represents thatits use by such third party would not infringe privatelyowned rights.

NUREG-0980Vol. 1, No. 10Nuclear RegulatoryLegislation112th Congress; 2nd SessionPrepared by:Office of the General CounselU.S. Nuclear Regulatory CommissionWashington, DC 20555-0001Date Published: September 2013

FOREWORDThis compilation of statutes and materials pertaining to nuclear regulatorylegislation through the 112th Congress, 2nd Session, has been prepared by theOffice of the General Counsel, U.S. Nuclear Regulatory Commission, with theassistance of staff, for use as an internal resource document. The compilation isnot to be used as an authoritative citation in lieu of the primary legislativesources. Furthermore, while every effort has been made to ensure thecompleteness and accuracy of this material, neither the United StatesGovernment, the Nuclear Regulatory Commission, nor any of their employeesmakes any expressed or implied warranty or assumes liability for the accuracyor completeness of the material presented in this compilation.If you have any questions concerning this compilation, please contact:Anthony de JesúsLegislative SpecialistOffice of the General CounselU.S. Nuclear Regulatory CommissionWashington, DC 20555-0001Anthony.deJesus@nrc.goviii

Contents1. Commissioner Tenure . 1A. ATOMIC ENERGY COMMISSION, 1946–1975 . 3B. U.S. NUCLEAR REGULATORY COMMISSION, 1975–PRESENT . 42. Atomic Energy Act of 1954, as Amended . 73. Energy Reorganization Act of 1974, as Amended . 2294. Reorganization Plan of 1980 and Other DocumentsPertaining to NRC Jurisdiction . 263A. REORGANIZATION PLAN NO. 1 OF 1980 . 267B. REORGANIZATION PLAN NO. 3 OF 1970 . 271C. EXECUTIVE ORDER 11834—ACTIVATION OF THE ENERGYRESEARCH AND DEVELOPMENT ADMINISTRATION ANDTHE NUCLEAR REGULATORY COMMISSION . 275D. OMB MEMORANDUM REGARDING RESPONSIBILITY FORSETTING RADIATION PROTECTION STANDARDS . 276E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREEMILE ISLAND . 2785. Low-Level Radioactive Waste . 281A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1985(TITLE 1), AS AMENDED . 287B. LOW-LEVEL RADIOACTIVE WASTE POLICYAMENDMENTS ACT OF 1985 (TITLE II, INCLUDES: NW,CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKYMOUNTAIN, NE INTERSTATE COMPACTS). 304C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVEWASTE COMPACT CONSENT ACT . 372D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTEDISPOSAL COMPACT CONSENT ACT . 384E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSALCOMPACT CONSENT ACT . 3946. High-Level Radioactive Waste . 405A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED . 411v

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACTOF 1992—(ENVIRONMENTAL PROTECTION STANDARDS) . 489C. PERTINENT PROVISIONS OF THE RONALD W. REAGANNATIONAL DEFENSE AUTHORIZATION ACT FOR FISCALYEAR 2005—(WASTE INCIDENTAL TO REPROCESSING). 492D. PERTINENT PROVISIONS OF THE ENERGY POLICY ACTOF 2005—(GREATER-THAN-CLASS C WASTE) . 4947. Uranium Mill Tailings . 495A. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF1978, AS AMENDED . 499B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACTOF 1992—(REMEDIAL ACTION AND URANIUMREVITALIZATION) . 523C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEAR2001—(PROVISIONS PERTAINING TO REMEDIAL ACTIONAT MOAB SITE) . 529vi

Commissioner Tenure1. Commissioner Tenure1

3Commissioner Tenure1. Commissioner TenureA. ATOMIC ENERGY COMMISSION, 1946–1975FromToRemarksDavid E. Lilienthal, ChairmanRobert F. BacherSumner T. PikeWilliam W. WaymackLewis L. StraussChairmanHenry De Wolf SmythGordon DeanChairmanThomas E. MurrayThomas Keith GlennanEugene M. ZuckertJoseph CampbellWillard F. LibbyJohn Von NeumannHarold S. VanceJohn S. GrahamJohn Forrest FlobergJohn A. McCone, ChairmanJohn H. WilliamsRobert E. WilsonLoren K. OlsonGlenn T. Seaborg, ChairmanLeland J. HaworthJohn G. PalfreyJames T. RameyGerald F. TapeMary I. BuntingWilfrid E. JohnsonSamuel M. NabritFrancesco CostagliolaTheos J. ThompsonClarence E. LarsonJames R. Schlesinger,ChairmanWilliam O. DoubDixy Lee Ray 1Nov. 1, 1946Nov. 1, 1946Oct. 31, 1947Nov. 5, 1946Nov. 12, 1946July 2, 1953May 30, 1949May 24, 1949July 11, 1950May 9, 1950Oct. 2, 1950Feb. 25, 1952July 27, 1953Oct. 5, 1954Mar. 15, 1955Oct. 31, 1955Sept. 12, 1957Oct. 1, 1957July 14, 1958Aug. 13, 1959Mar. 22, 1960June 23, 1960Mar. 1, 1961Apr. 17, 1961Aug. 31, 1962Aug. 31, 1962July 15, 1963June 29, 1964Aug. 1, 1966Aug. 1, 1966Oct. 1, 1968June 12, 1969Sept. 2, 1969Aug. 17, 1971Feb. 15, 1950May 10, 1949Dec. 15, 1951Dec. 21, 1948Apr. 15, 1950June 30, 1958Sept. 30, 1954June 30, 1953June 30, 1953June 30, 1957Nov. 1, 1952June 30, 1954Nov. 30, 1954June 30, 1959Feb. 8, 1957Aug. 31, 1959June 30, 1962June 23, 1960Jan. 20, 1961June 30, 1960Jan. 31, 1964June 30, 1962Aug. 16, 1971June 30, 1963June 30, 1966June 30, 1973Apr. 30, 1969June 30, 1965June 30, 1972Aug. 1, 1967June 30, 1969Nov. 25, 1970June 30, 1974Feb. 5, 1973ResignedResignedResignedResignedResignedTerm expiredResignedTerm expiredAug. 17, 1971Aug. 8, 1972Aug. 17, 1974Jan. 19, 1975ChairmanWilliam E. KriegsmanWilliam A. AndersFeb. 6, 1973June 12, 1973Aug. 6, 1973Jan. 19, 1975Dec. 31, 1974Jan. 19, esignated Chairman February 6, 1973.Term expiredResignedTerm ignedResignedResignedResignedTerm expiredResignedResignedResignedTerm expiredResignedTerm expiredTerm expiredResignedTerm expiredDeceasedTerm expiredResignedResignedAECabolished

4Commissioner TenureB. U.S. NUCLEAR REGULATORY COMMISSION, 1975–PRESENTFromFromToRemarksWilliam A. Anders,ChairmanMarcus A. RowdenChairmanJan. 19, 1975Apr. 20, 1976ResignedJan. 19, 1975Apr. 21, 1976Apr. 20, 1976June 30, 1977Edward A. MasonVictor GilinksyJan. 19, 1975Jan. 19, 1975Jan. 15, 1977June 30, 1984Richard T. KennedyJan. 19, 1975June 30, 1980Joseph M. Hendrie,ChairmanCommissionerChairmanAug. 9, 1977Dec. 7, 1979 3Dec. 8, 1979Mar. 3, 1981 4Mar. 2, 1981June 30, 1981Peter A. BradfordJohn F. AhearneChairmanCommissionerAug. 15, 1977July 31, 1978Dec. 7, 1979 5Mar. 3, 1981 6Mar. 12, 1982Dec. 7, 1979Mar. 2, 1981June 30, 1983Nunzio J. Palladino,ChairmanThomas M. RobertsJuly 1, 1981June 30, 1986Aug. 3, 1981June 30, 1990 7James K. AsselstineMay 17, 1982June 30, 1987 8Frederick M. BernthalAug. 4, 1983June 30, 1988Lando W. Zech, Jr.ChairmanJuly 5, 1984July 1, 1986June 30, 1986 9June 30, 1989Kenneth M. CarrChairmanAug. 14, 1986July 1, 1989June 30, 1989June 30, ignedTermExpired mExpiredVictor Gilinsky served two terms. The Senate reconfirmed his nomination for a term of 5 years onJune 27, 1979.On December 7, 1979, Joseph M. Hendrie vacated the chairmanship but remained as a Commissioner.On March 3, 1981, Joseph M. Hendrie resumed the chairmanship.On December 7, 1979, John F. Ahearne assumed the chairmanship.On March 3, 1981, John F. Ahearne vacated the chairmanship but remained as a Commissioner.Thomas M. Roberts’ first term expired on June 30, 1985; he took the oath of office for a second term onJuly 12, 1985.James K. Asselstine completed Peter A. Bradford’s term and was appointed to a full 5–year term.On June 28, 1984, Lando W. Zech, Jr., was nominated by the President. He received a recess appointmenton July 3, 1984, and took office on July 5, 1984. On January 3, 1985, the President resubmitted thenomination to the 99th Congress for a full 5–year appointment. The Senate subsequently confirmed thenomination, and he took office for the full 5–year term on March 6, 1985. On July 1, 1986, Mr. Zechassumed the chairmanship.

5Commissioner TenureB. U.S. NUCLEAR REGULATORY COMMISSION, 1975–PRESENTFromKenneth C. RogersFromAug. 7, 1987ToJune 30, 1997 10James R. CurtissOct. 20, 1988June 30, 1993Forrest J. RemickDec. 1, 1989June 30, 1994Ivan Selin, ChairmanE. Gail de PlanqueJuly 1, 1991Dec. 16, 1991June 30, 1995 11June 30, 1995Shirley A. JacksonChairmanMay 2, 1995July 1, 1995June 30, 1995June 30, 1999Greta J. DicusJune 30, 1998Nils J. DiazFebruary 15,1996October 27, 1998July 1, 1999October 29,1999 14August 23, 1996Nils J. DiazOctober 4, 2001March 31, 2003April 1, 2003 15June 30, 2006Edward McGaffigan, Jr.August 28, 1996June 30, 2000Edward McGaffigan, Jr.July 1, 2000June 30, 2005Edward McGaffigan, Jr.Jeffrey S. MerrifieldOctober 12,September 2, 20072005 16October 23, 1998 June 30, 2002Jeffrey S. MerrifieldAugust 5, 2002Richard A. Meserve,ChairmanOctober 29, 1999 March 31, 2003 �–1011121314151617June 30, 1999 12October 29, 1999 13June 30, 2003June 30, 2001June 30, dDeceasedTermExpiredTermExpiredResignedKenneth C. Rogers served as Commissioner from August 7, 1987, to June 30, 1992, and was reappointedas Commissioner from July 1, 1992, to June 30, 1997.Ivan Selin resigned on June 30, 1995.Greta J. Dicus was renominated to a new 5–year term as Commissioner on May 22, 1998. Hernomination was confirmed by the Senate on October 21, 1998.Greta J. Dicus assumed the chairmanship on July 1, 1999.On October 29, 1999, Greta J. Dicus vacated the chairmanship but remained as a Commissioner.On April 1, 2003, Nils J. Diaz assumed the chairmanship.The office was vacant from July 1, 2005, through October 11, 2005. Commissioner EdwardMcGaffigan, Jr., was nominated on July 28, 2005, and confirmed by the Senate on October 7, 2005.On March 31, 2003, Richard A. Meserve resigned.

6Commissioner TenureB. U.S. NUCLEAR REGULATORY COMMISSION, 1975–PRESENTFromGregory B. JaczkoFromJanuary 21, 2005Gregory B. JaczkoMay 31, 2006Gregory B. JaczkoChairmanPeter B. LyonsJuly 1, 2008May 13, 2009January 25, 2005Peter B. LyonsMay 31, 2006May 13, 2009June 29, 2012 19RecessAppointment 20June 30, 2009Dale E. Klein, ChairmanCommissionerKristine L. SvinickiJuly 1, 2006May 13, 2009 21March 28, 2008May 13, 2009March 29, 2010June 30, 2012Kristine L. SvinickiJuly 1, 2012June 30, 2017William D. MagwoodApril 1, 2010June 30, 2015William C. OstendorffApril 1, 2010June 30, 2011William C. OstendorffJuly 1, 2011June 30, 2016George ApostolakisApril 23, 2010June 30, 2014Allison M. Macfarlane,ChairmanJuly 9, 2012June 30, tment 18June 30, iresTermExpiresTermExpiresOn January 19, 2005, President Bush appointed Gregory B. Jaczko during the Senate recess (effective tothe end of the Senate’s session in 2006).Gregory B. Jaczko assumed the chairmanship on May 13, 2009. Chairman Jaczko’s resignation waseffective upon Senate confirmation of Allison M. Macfarlane as his successor.On January 19, 2005, President Bush appointed Peter B. Lyons during the Senate recess (effective to theend of Senate’s session in 2006).On May 13, 2009, Dale E. Klein vacated the chairmanship but remained as a Commissioner. OnMarch 29, 2010, Dale E. Klein resigned his position as Commissioner.

Atomic Energy Act of 1954 (P.L. 83–703)2. Atomic Energy Act of 1954, asAmended7

Atomic Energy Act of 1954 (P.L. 83–703)92. Atomic Energy Act of 1954, as AmendedContentsTitle I–Atomic Energy . 15Chapter 1–Declaration, Findings, and Purpose . 15Sec. 1. Declaration . 15Sec. 2. Findings . 15Sec. 3. Purpose . 16Chapter 2–Definitions . 17Sec. 11. Definitions . 17Chapter 3–Organization . 24Sec. 23. Office. 24Sec. 24. General Manager, Deputy and Assistant General Managers . 25Sec. 25. Divisions, Offices, and Positions . 26Sec. 26. General Advisory Committee . 27Sec. 27. Military Liaison Committee . 27Sec. 28. Appointment of Army, Navy, or Air Force Officers. 27Sec. 29. Advisory Committee on Reactor Safeguards . 27Chapter 4–Research . 28Sec. 31. Research Assistance. 28Sec. 32. Research by the Commission . 29Sec. 33. Research for Others . 29Chapter 5–Production of Special Nuclear Material . 30Sec. 41. Ownership and Operation of Production Facilities . 30Sec. 42. Irradiation of Materials . 31Sec. 43. Acquisition of Production Facilities . 31Sec. 44. Disposition of Energy . 31Chapter 6–Special Nuclear Material . 31Sec. 51. Special Nuclear Material. 31Sec. 53. Domestic Distribution of Special Nuclear Material . 32Sec. 54. Foreign Distribution of Special Nuclear Material . 35Sec. 55. Acquisition . 37Sec. 56. Guaranteed Purchase Prices. 38Sec. 57. Prohibition . 38Sec. 58. Review. 40Chapter 7–Source Material . 41Sec. 61. Source Material . 41Sec. 62. License for Transfers Required . 41Sec. 63. Domestic Distribution of Source Material . 42Sec. 64. Foreign Distribution of Source Material . 42Sec. 65. Reporting. 42Sec. 66. Acquisition . 43Sec. 67. Operations on Lands Belonging to the United States . 43Sec. 68. Public and Acquired Lands . 43Sec. 69. Prohibition . 44Chapter 8–Byproduct Material. 45Sec. 8l. Domestic Distribution . 45Sec. 82. Foreign Distribution of Byproduct Material . 46Sec. 83. Ownership and Custody of Certain Byproduct Material andDisposable Sites . 46

10Atomic Energy Act of 1954 (P.L. 83–703)Sec. 84. Authorities of Commission Respecting Certain ByproductMaterial . 49Chapter 9–Military Application of Atomic Energy. 50Sec. 91. Authority . 50Sec. 92. Prohibition . 51Chapter 10–Atomic Energy Licenses . 52Sec. 101. License Required . 52Sec. 102. Utilization and Production Facilities for Industrial orCommercial Purposes . 52Sec. 103. Commercial Licenses. 52Sec. 104. Medical Therapy and Research and Development . 53Sec. 105. Antitrust Provisions. 54Sec. 106. Classes of Facilities . 57Sec. 107. Operators’ Licenses . 57Sec. 108. War or National Emergency . 57Sec. 109. Component and Other Parts of Facilities . 57Sec. 110. Exclusions . 58Sec. 111. Distribution by the Department of Energy. 58Chapter 11–International Activities . 59Sec. 121. Effect of International Arrangements . 59Sec. 122. Policies Contained in International Arrangements . 59Sec. 123. Cooperation with Other Nations . 59Sec. 124. International Atomic Pool. 63Sec. 125. Cooperation with Berlin . 63Sec. 126. Export Licensing Procedures . 64Sec. 127. Criteria Governing United States Nuclear Exports . 67Sec. 128. Additional Export Criterion and Procedures . 68Sec. 129. Conduct Resulting in Termination of Nuclear Exports . 70Sec. 130. Congressional Review Procedures . 72Sec. 131. Subsequent Arrangements . 75Sec. 132. Authority to Suspend Nuclear Cooperation with Nations WhichHave Not Ratified the Convention on the Physical Security ofNuclear Material . 80Sec. 133. Consultation with the Department of Defense Concerning CertainExports and Subsequent Arrangements . 80Sec. 134. Further Restrictions on Exports. 80Chapter 12–Control of Information . 83Sec. 141. Policy. 83Sec. 142. Classification and Declassification of Restricted Data . 83Sec. 143. Department of Defense Participation. 84Sec. 144. International Cooperation . 84Sec. 145. Restrictions. 86Sec. 146. General Provisions. 89Sec. 147. Safeguards Information . 89Sec. 148. Prohibition Against the Dissemination of Certain UnclassifiedInformation. 91Sec. 149. Fingerprinting for Criminal History Record Checks . 93Chapter 13–Patents and Inventions . 95Sec. 151. Inventions Relating to Atomic Weapons, and Filing of Reports . 95Sec. 152. Inventions Made or Conceived During Commission Contracts . 96Sec. 153. Nonmilitary Utilization . 98

Atomic Energy Act of 1954 (P.L. 83–703)11Sec. 154. Injunctions . 100Sec. 155. Prior Art . 100Sec. 156. Commission Patent Licenses. 100Sec. 157. Compensation, Awards, and Royalties . 100Sec. 158. Monopolistic Use of Patents . 101Sec. 159. Federally Financed Research. 101Sec. 160. Saving Clause . 101Chapter 14–General Authority . 102Sec. 161. General Provisions. 102Sec. 161A. Use of Firearms by Security Personnel . 109Sec. 162. Contracts . 110Sec. 163. Advisory Committees . 110Sec. 164. Electric Utility Contracts . 111Sec. 165. Contract Practices . 111Sec. 166. Comptroller General Audit . 111Sec. 167. Claims Settlements . 112Sec. 168. Payments in Lieu of Taxes . 112Sec. 169. No Subsidy . 113Sec. 170. Indemnification and Limitation of Liability . 113Sec. 170A. Conflicts of Interest Relating to Contracts and OtherArrangements . 131Sec. 170B. Uranium Supply . 132Sec. 170C. Elimination of Pension Offset for Certain Rehired FederalRetirees . 134Sec. 170D. Security Evaluations . 134Sec. 170E. Design Basis Threat Rulemaking. 135Sec. 170F. Recruitment Tools . 136Sec. 170G. Expenses Authorized to be Paid by the Commission . 136Sec. 170H. Radiation Source Protection . 136Sec. 170I. Secure Transfer of Nuclear Materials . 140Chapter 15–Compensation for Private Property Acquired. 140Sec. 171. Just Compensation .

8 James K. Asselstine completed Peter A. Bradford's term and was appointed to a full 5-year term. 9 On June 28, 1984, Lando W. Zech, Jr., was nominated by the President. He received a recess appointment on July 3, 1984, and took office on July 5, 1984. On January 3, 1985, the President resubmitted the