§2243 Licensing of Uranium Enrichment Facilities

Summary

When the Nuclear Regulatory Commission (the Commission) considers a license under sections 2073 and 2093 to build and run a uranium enrichment plant, it must treat that decision as a major federal action under the National Environmental Policy Act. An environmental impact statement must be finished before the licensing hearing is completed. The Commission must hold one formal, on-the-record hearing about the license. That hearing and a written decision must be finished before any license is issued, and no extra Commission licensing steps are needed to allow the plant to operate. Before the plant starts operating, the Commission must inspect it to confirm it was built to match the license and must publish the inspection results in the Federal Register. The Commission must require the licensee to carry liability insurance that covers injuries, sickness, death, or property loss or damage caused by radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source or special nuclear material. The licensee must also show it has funds for decommissioning and cleanup. Approved funding methods may include prepayment (trust, escrow, government fund, or similar), surety or guarantees (bonds, letters of credit, insurance, or parent company guarantee), or an outside sinking fund with at least yearly deposits. Section 2210 (Price-Anderson) does not apply to licenses for facilities built after November 15, 1990. The Commission cannot issue a license or compliance certificate to the United States Enrichment Corporation (or its successor) if the Corporation is owned or controlled by foreign interests or if issuing the license would harm national defense, security, or the availability of reliable, affordable domestic enrichment services.