What changed between these versions
A small clarification and expansion of the savings clause. The criteria for notifying Indian Tribes regarding uranium enrichment facility construction have been refined, and the scope of who can request a hearing on facility operation has been slightly broadened. The core policy direction of the bill remains consistent.
Overview
A handful of targeted changes were made between v2 and v3. · v3 clarifies and slightly expands certain procedural provisions while consolidating and expanding the bill's savings clause to provide more explicit protections for existing Commission authority and judicial review.
The primary changes in v3 involve refining the criteria for notifying Indian Tribes about uranium enrichment facility construction and modifying the general savings clause to be more comprehensive and explicitly qualified. Additionally, the language regarding who can request a hearing on facility operation has been slightly broadened from "interest is affected" to "interest may be affected." The core intent of aligning uranium enrichment facility licensing with other fuel cycle facilities remains unchanged.
Modifications
This modification potentially allows a wider range of individuals or groups to request an adjudicatory hearing regarding the operation of uranium enrichment facilities, offering slightly increased public participation opportunities by lowering the threshold for demonstrating affected interest.
Before
The provision stated that the Commission shall grant a hearing on the request of any person whose 'interest is affected' by the operation of a uranium enrichment facility.
After
The provision now states that the Commission shall grant a hearing on the request of any person whose 'interest may be affected' by the operation of a uranium enrichment facility.
This change shifts the notification requirement from a broad geographic jurisdiction criterion to a more specific criterion based on the Tribe's active role in emergency response, ensuring that notification reaches those directly involved in offsite emergency planning and response efforts.
Before
Required notification to the governing body of each Indian Tribe with 'jurisdiction over land that would be included in the geographic area of the emergency plan' of the facility, referencing section 70.22(i)(1)(ii) of title 10, Code of Federal Regulations.
After
Requires notification to the governing body of each Indian Tribe with 'an offsite response organization that would be notified by the applicant in the event of an emergency,' referencing section 70.22(i)(3)(viii) of title 10, Code of Federal Regulations.
This modification provides a more comprehensive and explicitly qualified statement of the Commission's retained authorities and the preservation of judicial review. The new introductory phrase 'Except as expressly provided in the amendments made by subsection (a)' clarifies that the changes made by the bill's primary amendments are the only exceptions to these otherwise preserved authorities, enhancing legal precision.
Before
v2 included a 'Rule of Construction' in Section 2(d) stating that the Act does not limit the Commission's authority to regulate construction, and a separate 'Savings Clause' in Section 2(e) protecting the Commission's authority to deny licenses and preserving judicial review.
After
v3 consolidates these into a single 'Savings Clause' in Section 2(d). This new clause explicitly states that, 'Except as expressly provided in the amendments made by subsection (a),' nothing in the Act affects the Commission's authority under the Atomic Energy Act of 1954 to regulate construction, deny licenses, or affect judicial review.