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H.821

Introduced by   Representative Edwards of Brattleboro

Referred to Committee on

Date:

Subject: Public service; Vermont Yankee; certificate of public good

Statement of purpose:  This bill proposes to require early filing of any application for general assembly approval to store within the state spent fuel derived from the operation of Vermont Yankee after March 21, 2012.  In particular, it proposes to require that such an application be received by the general assembly by the earlier of the following:  five years before the date upon which that approval may take effect; or no later than 60 days after an application is filed with the Nuclear Regulatory Commission or the public service board, whichever is earlier, requesting an extension of the period of licensure.  The bill proposes to make it clear that the relicensing of a nuclear fission plant is an activity that requires the approval of the general assembly, and to require the public service board to submit a proposed final order with the general assembly.  Finally, it makes it clear that the general assembly may condition its approval upon the public service board’s revising its proposed final order.

AN ACT RELATING TO THE FILING OF APPLICATIONS TO EXTEND THE OPERATION OF VERMONT YANKEE, AND THE RELATED CERTIFICATE OF PUBLIC GOOD PROCESS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 6522(c) is amended to read:

(c)  In addition, the following limiting conditions shall apply:

* * *

(4)  Compliance with the provisions of this subchapter shall constitute compliance with the provisions of this chapter that require that approval be obtained from the general assembly before construction or establishment of a facility for the deposit or storage of spent nuclear fuel, but only to the extent specified in this subchapter or authorized under this subchapter.  The public service board is authorized to hear and issue a certificate of public good for such a facility under 30 V.S.A. § 248, to the extent specified or authorized in this subchapter.  Other agencies of the state also may receive and act on applications related to the construction or establishment of such a facility, provided that any approval for such a facility applies only to the extent specified or authorized in this subchapter.  Storage of spent fuel derived from the operation of Vermont Yankee after March 21, 2012 shall require the approval of the general assembly under this chapter.  A request for approval of the general assembly under this chapter for the storage of spent fuel derived from the operation of Vermont Yankee after March 21, 2012 shall be submitted to and received by the general assembly by the earlier of the following:

(A)  no fewer than five years before the date upon which that approval may take effect; or

(B)  no later than 60 days after submission to the Nuclear Regulatory Commission or to the public service board, whichever is earlier, of an application that would extend the period of licensure.

* * *

Sec. 2.  30 V.S.A. § 248(e) is amended to read:

(e)  Before a certificate of public good is issued for the construction, extension of the federal license, or relicensing of a nuclear fission plant within the state, the public service board shall obtain the approval of the general assembly and the assembly's determination that the construction, extension of the federal license, or relicensing of the proposed facility will promote the general welfare.  The public service board shall advise the general assembly of any petition submitted under this section for the construction, extension of the federal license, or relicensing of a nuclear fission plant within this state, by written notice delivered to the speaker of the house of representatives and to the president of the senate.  Before a final certificate of public good is issued, the board shall submit a proposed final order to the general assembly for its consideration.  The general assembly shall consider the proposed final order and may make legislative approval contingent upon the final order being revised as specified by the general assembly.  The department of public service shall submit recommendations relating to the proposed plant, and shall make available to the general assembly all relevant material.  The requirements of this subsection shall be in addition to the findings set forth in subsection (b) of this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us