42 U.S.C. § 5848 — Abnormal occurrence reports

Page 6614 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5847 1 So in original. No subsec. (b) has been enacted. 2 So in original. Probably should be ‘‘uranium’’. (d) Inspection and enforcement The Commission is authorized to conduct such reasonable inspections and other enforcement activities as needed to insure compliance with the provisions of this section. (Pub. L. 93–438, title II, § 206, Oct. 11, 1974, 88 Stat. 1246.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsecs. (a) and (c), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. § 5847. Nuclear energy center site survey (a)(1) 1 The Commission is authorized and di- rected to make or cause to be made under its di- rection, a national survey, which shall include consideration of each of the existing or future electric reliability regions, or other appropriate regional areas, to locate and identify possible nuclear energy center sites. This survey shall be conducted in cooperation with other interested Federal, State, and local agencies, and the views of interested persons, including electric utili- ties, citizens’ groups, and others, shall be solic- ited and considered. (2) For purposes of this section, the term ‘‘nu- clear energy center site’’ means any site, includ- ing a site not restricted to land, large enough to support utility operations or other elements of the total nuclear fuel cycle, or both including, if appropriate, nuclear fuel reprocessing facilities, nuclear fuel fabrication plants, retrievable nu- clear waste storage facilities, and unranium 2 en- richment facilities. (3) The survey shall include— (a) a regional evaluation of natural re- sources, including land, air, and water re- sources, available for use in connection with nuclear energy center sites; estimates of fu- ture electric power requirements that can be served by each nuclear energy center site; an assessment of the economic impact of each nu- clear energy site; and consideration of any other relevant factors, including but not lim- ited to population distribution, proximity to electric load centers and to other elements of the fuel cycle, transmission line rights-of-way, and the availability of other fuel resources; (b) an evaluation of the environmental im- pact likely to result from construction and op- eration of such nuclear energy centers, includ- ing an evaluation whether such nuclear energy centers will result in greater or lesser environ- mental impact than separate siting of the re- actors and/or fuel cycle facilities; and (c) consideration of the use of federally owned property and other property designated for public use, but excluding national parks, national forests, national wilderness areas, and national historic monuments. (4) A report of the results of the survey shall be published and transmitted to the Congress and the Council on Environmental Quality not later than one year from October 11, 1974, and shall be made available to the public, and shall be updated from time to time thereafter as the Commission, in its discretion, deems advisable. The report shall include the Commission’s eval- uation of the results of the survey and any con- clusions and recommendations, including rec- ommendations for legislation, which the Com- mission may have concerning the feasibility and practicality of locating nuclear power reactors and/or other elements of the nuclear fuel cycle on nuclear energy center sites. The Commission is authorized to adopt policies which will en- courage the location of nuclear power reactors and related fuel cycle facilities on nuclear en- ergy center sites insofar as practicable. (Pub. L. 93–438, title II, § 207, Oct. 11, 1974, 88 Stat. 1247.) Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. § 5848. Abnormal occurrence reports The Commission shall submit to the Congress an annual report listing for the previous fiscal year any abnormal occurrences at or associated with any facility which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended [42 U.S.C. 2011 et seq.], or pursu- ant to this chapter. For the purposes of this sec- tion an abnormal occurrence is an unscheduled incident or event which the Commission deter- mines is significant from the standpoint of pub- lic health or safety. Nothing in the preceding sentence shall limit the authority of a court to review the determination of the Commission. Each such report shall contain— (1) the date and place of each occurrence; (2) the nature and probable consequence of each occurrence; (3) the cause or causes of each; and (4) any action taken to prevent reoccur- rence; the Commission shall also provide as wide dis- semination to the public of the information specified in clauses (1) and (2) of this section as reasonably possible within fifteen days of its re- ceiving information of each abnormal occur- rence and shall provide as wide dissemination to the public as reasonably possible of the informa- Page 6615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5849 tion specified in clauses (3) and (4) as soon as such information becomes available to it. (Pub. L. 93–438, title II, § 208, Oct. 11, 1974, 88 Stat. 1248; Pub. L. 104–66, title II, § 2171, Dec. 21, 1995, 109 Stat. 731.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. AMENDMENTS 1995—Pub. L. 104–66 substituted ‘‘an annual report listing for the previous fiscal year’’ for ‘‘each quarter a report listing for that period’’ in first sentence. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 9th item on page 186 identifies a reporting provision which, as sub- sequently amended, is contained in this section), see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance. PRESIDENT’S COMMISSION ON THE ACCIDENT AT THREE MILE ISLAND; SUBPENA POWER Pub. L. 96–12, May 23, 1979, 93 Stat. 26, which author- ized the President’s Commission on the Accident at Three Mile Island, as established by Ex. Ord. No. 12130, Apr. 11, 1979, 44 F.R. 22027, formerly set out below, to issue subpenas requiring the attendance and testimony of witnesses and the produce of any evidence from the Nuclear Regulatory Commission or any person which related to the accident at Three Mile Island, and to issue orders for the inspection of the Three Mile Island nuclear power plant, with refusal to obey a subpena or inspection order punishable by contempt of court. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. EXECUTIVE ORDER NO. 12130 Ex. Ord. No. 12130, Apr. 11, 1979, 44 F.R. 22027, which established the President’s Commission on the Acci- dent at Three Mile Island and provided for its func- tions, administration, final report, and termination, was revoked by section 1–103(h) of Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1252, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 12202 Ex. Ord. No. 12202, Mar. 18, 1980, 45 F.R. 17939, as amended by Ex. Ord. No. 12240, Sept. 26, 1980, 45 F.R. 64545, which established the Nuclear Safety Oversight Committee and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, § 22, Aug. 17, 1982, 47 F.R. 36100 and Ex. Ord. No. 12399, § 4(c), Dec. 31, 1982, 48 F.R. 380, formerly set out as notes under section 1013 of Title 5, Government Organization and Employ- ees. § 5849. Other officers (a) Executive Director The Commission shall appoint an Executive Director for Operations, who shall serve at the pleasure of and be removable by the Commis- sion. (b) Functions of Executive Director The Executive Director shall perform such functions as the Commission may direct, except that the Executive Director shall not limit the authority of the director of any component or- ganization provided in this chapter to commu- nicate with or report directly to the Commis- sion when such director of a component organi- zation deems it necessary to carry out his re- sponsibilities. Notwithstanding the preceding sentence, each such director shall keep the Ex- ecutive Director fully and currently informed concerning the content of all such direct com- munications with the Commission. (c) Equal employment opportunity report The Executive Director shall report to the Commission at semi-annual public meetings on the problems, progress, and status of the Com- mission’s equal employment opportunity efforts. (d) Annual status report The Executive Director shall prepare and for- ward to the Commission an annual report (for the fiscal year 1978 and each succeeding fiscal year) on the status of the Commission’s pro- grams concerning domestic safeguards matters including an assessment of the effectiveness and adequacy of safeguards at facilities and activi- ties licensed by the Commission. The Commis- sion shall forward to the Congress a report under this section prior to February 1, 1979, as a separate document, and prior to February 1 of each succeeding year as a separate chapter of the Commission’s annual report (required under section 5877(c) of this title) following the fiscal year to which such report applies. (e) Additional officers There shall be in the Commission not more than five additional officers appointed by the Commission. The positions of such officers shall be considered career positions and be subject to section 2201(d) of this title. (Pub. L. 93–438, title II, § 209, Oct. 11, 1974, 88 Stat. 1248; Pub. L. 95–601, §§ 4, 6, Nov. 6, 1978, 92 Stat. 2949.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.