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BILL AS INTRODUCED 2007-2008

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H.848

Introduced by   Representatives Edwards of Brattleboro and Klein of East Montpelier

Referred to Committee on

Date:

Subject:  Public service; certificate of public good; nuclear power plant; decommissioning fund

Statement of purpose:  This bill proposes to provide that the public service board shall not issue a certificate of public good for the extended operation of a nuclear power plant, unless it determines that the plant’s decommissioning fund is already adequate to fund fully decommissioning after any extended period of operation and until decommissioning is completed.

AN ACT RELATING TO REQUIRING A FULLY FUNDED DECOMMISSIONING FUND BEFORE A NUCLEAR POWER PLANT MAY OBTAIN APPROVAL FOR AN EXTENDED PERIOD OF OPERATION

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

Sec. 1.  30 V.S.A. § 248(e) is amended to read:

(e)(1)  Before a certificate of public good is issued for the construction of a nuclear energy generating plant within the state, the public service board shall obtain the approval of the general assembly and the assembly’s determination that the construction 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 of a nuclear energy generating plant within this state, by written notice delivered to the speaker of the house of representatives and to the president of the senate.  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.

(2)  No nuclear energy generating plant within this state may be operated beyond the date permitted in any certificate of public good granted pursuant to this title, including any certificate in force as of January 1, 2006, unless the general assembly approves and determines that the operation will promote the general welfare, and until the public service board issues a certificate of public good under this section.  The public service board may not issue a certificate of public good for the operation of a nuclear energy generating plant beyond the date permitted in a certificate of public good granted pursuant to this title, unless it determines that the plant’s decommissioning fund currently contains funds adequate to cover all decommissioning costs incurred through the end of the extended period of operation, whatever the extent of that extended period, and after that period of operation until decommissioning is complete.  If the general assembly has not acted under this subsection by July 1, 2008, the board may commence proceedings under this section and under 10 V.S.A. chapter 157, relating to the storage of radioactive material, but may not issue a final order or certificate of public good until the general assembly determines that operation will promote the general welfare and grants approval for that operation.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us