SF 50

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:10am

A bill for an act
relating to energy; allowing certificates of need for new nuclear power plants;
authorizing certain lawsuits; requiring a study; amending Minnesota Statutes
2010, section 216B.243, subdivision 3b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 216B.243, subdivision 3b, is amended to
read:

Subd. 3b.

Nuclear power plant; new construction deleted text begin prohibited deleted text end ; relicensing new text begin ;
storage of spent fuel new text end .

(a) The commission may deleted text begin not deleted text end issue a certificate of need for the
construction of a new nuclear-powered electric generating plant.

(b) Any certificate of need for additional storage of spent nuclear fuel for a facility
seeking a license extension shall address the impacts of continued operations over the
period for which approval is sought.

new text begin (c) By January 1, 2012, the Office of Energy Security shall conduct a comprehensive
study to determine the likely future costs for storing and maintaining the spent nuclear fuel
from the Prairie Island Nuclear Generating Plant and the Monticello Nuclear Generating
Plant in Minnesota for the indefinite future. In preparing the report, the Office of Energy
Security shall:
new text end

new text begin (1) determine the likely costs to ratepayers, local and state taxpayers, and other
responsible entities should the spent fuel stay in Minnesota for 50 years, 100 years, 200
years, 500 years, and indefinitely;
new text end

new text begin (2) determine how long-term or indefinite spent fuel storage costs will be funded and
what entities are responsible for funding;
new text end

new text begin (3) determine the obligations of the state, the utility that holds title to the spent fuel,
and local governments and host communities under current law and recommend to the
legislature potential legislation or other actions that may be necessary for addressing
long-term or indefinite storage costs and safety;
new text end

new text begin (4) determine the likely impact of long-term or indefinite storage of spent nuclear
fuel on host communities should the spent fuel stay in Red Wing and Monticello for 50
years, 100 years, 200 years, 500 years, and indefinitely; and
new text end

new text begin (5) determine whether long-term or indefinite storage costs could become the
responsibility of the state and be funded through the general fund.
new text end

new text begin (d) Effective July 1, 2011, the Office of the Attorney General may file suit against
the United States Department of Energy for failing to meet its obligations to the state
under the 1982 Nuclear Waste Policy Act.
new text end

new text begin (e) Proceeds from any lawsuits filed by a utility that owns a nuclear power plant in
Minnesota against the United States Department of Energy for breach of contract under
the 1982 Nuclear Waste Policy Act shall be credited to the ratepayers of that utility.
new text end