US House passes bill allowing at-risk enrichment plant construction on terms of other fuel facilities

WASHINGTON, Nov. 9 — The U.S. House of Representatives on Nov. 9 passed H.R. 9612, the American Enrichment Deployment Act, which would permit construction of a uranium enrichment facility before it receives a license from the Nuclear Regulatory Commission (NRC), under the same terms and conditions that apply to other fuel cycle facilities.

The bill would amend Section 193 of the Atomic Energy Act of 1954. Under the bill, such "at-risk construction" would be permitted "under the same terms and conditions applicable to other fuel cycle facilities" licensed under sections 53 and 63 of that act.

The bill states its purpose as updating "the licensing procedures for uranium enrichment facilities to enable the timely, safe deployment of such facilities."

According to the bill, the change may not be construed to modify the NRC's authority to issue a license for a uranium enrichment facility. That authority includes denying an application when an applicant fails to meet regulatory requirements.

The bill also states that its amendments do not affect the NRC's authority to inspect uranium enrichment facilities. They also do not affect how the National Environmental Policy Act of 1969 applies to such licenses, or the right to a hearing of any person whose interest may be affected by a proceeding under the Atomic Energy Act.

Under the bill, the NRC would have to issue or revise regulations to carry out the act no later than 180 days after the date of enactment.