§ 16041. Nuclear facility and materials security
(a)
In general
(3)
Federal security coordinators
(A)
Regional offices
Not later than 18 months after August 8, 2005, the Nuclear Regulatory Commission (referred to in this section as the “Commission”) shall assign a Federal security coordinator, under the employment of the Commission, to each region of the Commission.
(B)
Responsibilities
The Federal security coordinator shall be responsible for—
(i)
communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against such classes of facilities as the Commission determines to be appropriate;
(b)
Backup power for certain emergency notification systems
For any licensed nuclear power plants located where there is a permanent population, as determined by the 2000 decennial census, in excess of 15,000,000 within a 50-mile radius of the power plant, not later than 18 months after August 8, 2005, the Commission shall require that backup power to be available for the emergency notification system of the power plant, including the emergency siren warning system, if the alternating current supply within the 10-mile emergency planning zone of the power plant is lost.
(e)
Final regulations; waivers
(4)
Final regulations
(A)
Regulations
(i)
In general
Not later than 18 months after August 8, 2005, the Commission, after consultation with States and other stakeholders, shall issue final regulations establishing such requirements as the Commission determines to be necessary to carry out this section and the amendments made by this section.
(B)
Cooperation
In promulgating regulations under paragraph (1),[1] the Commission shall, to the maximum extent practicable—
(C)
Transition plan
(i)
Definition of byproduct material
In this paragraph, the term “byproduct material” has the meaning given the term in paragraphs (3) and (4) of section
2014
(e) of this title.
(ii)
Preparation and publication
To facilitate an orderly transition of regulatory authority with respect to byproduct material, the Commission, in issuing regulations under subparagraph (A), shall prepare and publish a transition plan for—
(iii)
Inclusions
The transition plan under clause (ii) shall include—
(I)
a description of the conditions under which a State may exercise authority over byproduct material; and
(II)
a statement of the Commission that any agreement covering byproduct material, as defined in paragraph (1) or (2) of section
2014
(e) of this title, entered into between the Commission and a State under section
2021
(b) of this title before the date of publication of the transition plan shall be considered to include byproduct material, as defined in paragraph (3) or (4) of section
2014
(e) of this title, if the Governor of the State certifies to the Commission on the date of publication of the transition plan that—
(5)
Waivers
(A)
In general
Except as provided in subparagraph (B), the Commission may grant a waiver to any entity of any requirement under this section or an amendment made by this section with respect to a matter relating to byproduct material (as defined in paragraphs (3) and (4) of section
2014
(e) of this title) if the Commission determines that the waiver is in accordance with the protection of the public health and safety and the promotion of the common defense and security.
(B)
Exceptions
(i)
In general
The Commission may not grant a waiver under subparagraph (A) with respect to—
(ii)
Waivers to States
The Commission shall terminate any waiver granted to a State under subparagraph (A) if the Commission determines that—
(I)
the State has entered into an agreement with the Commission under section
2021
(b) of this title;
[1] So in original. Probably should be “subparagraph (A),”.