42 U.S.C. § 5846 — Compliance with safety regulations

Page 6613 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5846 93–438. See section 312 of Pub. L. 93–438, set out as an Effective Date; Interim Provisions note under section 5801 of this title. 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. § 5845. Office of Nuclear Regulatory Research (a) Establishment; appointment of Director There is hereby established in the Commission an Office of Nuclear Regulatory Research under the direction of a Director of Nuclear Regu- latory Research, who shall be appointed by the Commission, who may report directly to the Commission as provided in section 5849 of this title, and who shall serve at the pleasure of and be removable by the Commission. (b) Functions of Director Subject to the provisions of this chapter, the Director of Nuclear Regulatory Research shall perform such functions as the Commission shall delegate including: (1) Developing recommendations for research deemed necessary for performance by the Commission of its licensing and related regu- latory functions. (2) Engaging in or contracting for research which the Commission deems necessary for the performance of its licensing and related regulatory functions. (c) Cooperation of Federal agencies The Administrator of the Administration and the head of every other Federal agency shall— (1) cooperate with respect to the establish- ment of priorities for the furnishing of such research services as requested by the Commis- sion for the conduct of its functions; (2) furnish to the Commission, on a reim- bursable basis, through their own facilities or by contract or other arrangement, such re- search services as the Commission deems nec- essary and requests for the performance of its functions; and (3) consult and cooperate with the Commis- sion on research and development matters of mutual interest and provide such information and physical access to its facilities as will as- sist the Commission in acquiring the expertise necessary to perform its licensing and related regulatory functions. (d) Responsibility for safety of activities Nothing in subsections (a) and (b) of this sec- tion or section 5841 of this title shall be con- strued to limit in any way the functions of the Administration relating to the safety of activi- ties within the jurisdiction of the Administra- tion. (e) Information and research services Each Federal agency, subject to the provisions of existing law, shall cooperate with the Com- mission and provide such information and re- search services, on a reimbursable basis, as it may have or be reasonably able to acquire. (f) Improved safety systems research The Commission shall develop a long-term plan for projects for the development of new or improved safety systems for nuclear power- plants. (Pub. L. 93–438, title II, § 205, Oct. 11, 1974, 88 Stat. 1246; Pub. L. 95–209, § 4(a), Dec. 13, 1977, 91 Stat. 1482.) 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. AMENDMENTS 1977—Subsec. (f). Pub. L. 95–209 added subsec. (f). 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. § 5846. Compliance with safety regulations (a) Notification to Commission of noncompliance Any individual director, or responsible officer of a firm constructing, owning, operating, or supplying the components of any facility or ac- tivity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended [42 U.S.C. 2011 et seq.], or pursuant to this chapter, who obtains information reason- ably indicating that such facility or activity or basic components supplied to such facility or ac- tivity— (1) fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Com- mission relating to substantial safety hazards, or (2) contains a defect which could create a substantial safety hazard, as defined by regu- lations which the Commission shall promul- gate, shall immediately notify the Commission of such failure to comply, or of such defect, unless such person has actual knowledge that the Com- mission has been adequately informed of such defect or failure to comply. (b) Penalty for failure to notify Any person who knowingly and consciously fails to provide the notice required by sub- section (a) of this section shall be subject to a civil penalty in an amount equal to the amount provided by section 234 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2282]. (c) Posting of requirements The requirements of this section shall be prominently posted on the premises of any facil- ity licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]. 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-