H.R. 9613: Nuclear Advisory Committee Reform Act

This bill would change how the Nuclear Regulatory Commission’s Advisory Committee on Reactor Safeguards works. That committee is a group of experts that reviews nuclear reactor safety issues and, in some cases, reviews licensing matters.

What the bill changes

• Renames and reorganizes the committee’s governing section in the Atomic Energy Act, but keeps the committee in place.
• Limits the committee to up to 15 members, appointed by the Nuclear Regulatory Commission (NRC), and says members should bring a range of technical expertise relevant to the NRC’s mission.
• Sets member terms at up to two 4-year terms, while allowing additional terms if the NRC determines there is a compelling need for that person to stay on.
• Clarifies the committee’s main duties:
  • review applications and submit reports when required by law;
  • advise the NRC, when the NRC asks, about hazards of proposed or existing reactor facilities and whether proposed safety standards are adequate;
  • do other tasks specifically requested by the NRC.
• Narrows the committee’s focus so that, when it acts, it should prioritize issues that:
  • directly relate to reactor design;
  • are important to safety;
  • are new or unusual; and
  • have not already been handled by the committee.
• Requires the NRC to maintain policies for faster and more efficient action by the committee, including coordination between the committee and NRC staff.
• Allows the committee to suggest actions to the NRC, but the committee may only take those actions if the NRC specifically requests them.
• Requires the NRC to designate a chairperson from among the committee members.
• Provides per diem pay and travel/expense reimbursement for committee members while they are doing committee work.
• Makes the committee subject to a federal ethics/conflict rule referenced in section 163 of the Atomic Energy Act.

Changes to license review

The bill also changes how the committee is involved in nuclear license applications. Under the bill, the committee would review certain license applications or amendments only if the NRC specifically requests it. After such a review, the committee must submit a report to the NRC, and that report becomes part of the public record unless security classification prevents disclosure.

Other related changes

The bill makes technical “conforming” edits elsewhere in the Atomic Energy Act so the new committee language fits with existing law. It also updates language related to temporary operating licenses to reflect that the committee review applies only when applicable under the revised review rules.

Relevant Companies

• CEG — Constellation Energy could be indirectly affected because changes to NRC advisory and review procedures may affect the timing or process for nuclear plant licensing and oversight.
• TVA — Tennessee Valley Authority operates nuclear plants and could be affected by any changes in NRC review processes, though it is not publicly traded.
• NEE — NextEra Energy owns and operates nuclear assets; changes to NRC advisory review procedures could affect licensing or oversight processes for nuclear facilities.
• EXC — Exelon has significant nuclear generation interests, and its nuclear operations could be affected by shifts in NRC review timing or process.
• DUK — Duke Energy operates nuclear plants, so NRC licensing or oversight changes could affect its nuclear-related regulatory processes.
• NRG — NRG has nuclear-related exposure through power market operations and could be indirectly affected by changes in nuclear regulatory processes.