1.1                          A bill for an act
  1.2             relating to the environment; radioactive waste 
  1.3             management; requiring testing of dry casks prior to 
  1.4             loading of spent fuel; amending Minnesota Statutes 
  1.5             1994, section 116C.77. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 116C.77, is 
  1.8   amended to read: 
  1.9      116C.77 [LEGISLATIVE AUTHORIZATION FOR INDEPENDENT SPENT 
  1.10  FUEL STORAGE INSTALLATION AT PRAIRIE ISLAND.] 
  1.11     Subdivision 1.  [RECITAL.] The legislature recognizes that: 
  1.12     (1) the Minnesota environmental quality board on May 16, 
  1.13  1991, reviewed and found adequate a final environmental impact 
  1.14  statement ("EIS") on the proposal to construct and operate a dry 
  1.15  cask storage facility for the temporary storage of spent nuclear 
  1.16  fuel from the Prairie Island nuclear generating plant; 
  1.17     (2) the United States Nuclear Regulatory Commission 
  1.18  reviewed and approved a safety analysis report on the facility 
  1.19  and on October 19, 1993, granted a license for the facility; and 
  1.20     (3) the public utilities commission in docket no. 
  1.21  E002/CN-91-91 reviewed the facility and approved a limited 
  1.22  certificate of need approving the use of casks. 
  1.23     The Minnesota legislature in compliance with section 
  1.24  116C.72, hereby ratifies and approves the EIS and the limited 
  1.25  certificate of need and authorizes the use of casks at Prairie 
  2.1   Island in accordance with the terms and conditions of the 
  2.2   certificate of need as modified by this act and without further 
  2.3   environmental review under chapter 116D or further 
  2.4   administrative review under section 216B.243.  
  2.5      Subd. 2.  [TESTING OF CASKS; CERTIFICATION; APPROVAL BY 
  2.6   LEGISLATURE.] (a) Prior to the loading of spent nuclear fuel 
  2.7   into any dry cask approved under this section or section 
  2.8   116C.771, a utility or operator of a radioactive waste 
  2.9   management facility must have each cask tested by an independent 
  2.10  consultant approved by the public utilities commission.  The 
  2.11  cost of this testing must be paid for by the shareholders of the 
  2.12  utility and not the customers of the utility.  The testing of 
  2.13  each cask must be designed to ensure the physical integrity of 
  2.14  the cask. 
  2.15     (b) The test results of each cask shall be submitted in a 
  2.16  report to the commission.  The commission shall hold a public 
  2.17  hearing on the report within one month of receiving the report.  
  2.18  Within one week of the public hearing, the commission must 
  2.19  either certify the physical integrity of cask to the legislature 
  2.20  or disapprove the use of the cask.  Upon receipt of the 
  2.21  certification, the legislature must either approve the use of 
  2.22  the cask or disapprove its use.  No cask may be put into 
  2.23  operation without: 
  2.24     (1) a test of the physical integrity of the cask; 
  2.25     (2) certification by the commission to the legislature of 
  2.26  the physical integrity of the cask; and 
  2.27     (3) approval of the use of the cask by the legislature. 
  2.28     Subd. 3.  [REMEDIES FOR FAILURE TO COMPLY.] (a) Any citizen 
  2.29  has the right to seek relief of a court of appropriate 
  2.30  jurisdiction under chapter 116B for failure by an administrative 
  2.31  or legislative authority to comply with this section.  The 
  2.32  relief available to a citizen shall include an appropriate award 
  2.33  of attorney fees and court costs, including expert witness fees. 
  2.34     (b) The commission shall impose a fine of $25,000 per day 
  2.35  for each violation on any utility or operator of a radioactive 
  2.36  waste management facility that fails to comply with any 
  3.1   provision of this section and shall ensure that any fine levied 
  3.2   against a utility is not paid by customers of the utility. 
  3.3      Sec. 2.  [EFFECTIVE DATE.] 
  3.4      Section 1 is effective on the day following final enactment.