SF 2951

as introduced - 86th Legislature (2009 - 2010) Posted on 03/01/2010 03:08pm

A bill for an act
relating to environment; providing for long-term storage costs of spent nuclear
waste; proposing coding for new law in Minnesota Statutes, chapter 116C.

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

Section 1.

new text begin [116C.8301] LONG-TERM STORAGE ESTIMATES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "long-term storage" means spent nuclear waste storage in Minnesota for 200
years, with disposal in a permanent federal repository after the 200th year;
new text end

new text begin (2) "host community" means the Prairie Island Indian Community in Minnesota, the
city of Red Wing, or the city of Monticello; and
new text end

new text begin (3) "decommissioning fund" means the fund established by a utility that owns a
nuclear generating plant in Minnesota in compliance with Code of Federal Regulations,
title 10, section 50.75. The fund is required by the United States Nuclear Regulatory
Commission and regulated by the Public Utilities Commission.
new text end

new text begin Subd. 2. new text end

new text begin Long-term storage cost estimate. new text end

new text begin (a) As part of and included within the
decommissioning fund for the nuclear generating plants located in or that may be located
in the state, the Public Utilities Commission shall calculate the estimated costs associated
with the long-term storage of spent nuclear waste on-site in Minnesota. The cost estimate
shall include the costs and expenses associated with the operation and maintenance of
on-site storage facilities for 200 years after decommissioning of a nuclear generating
plant, the costs associated with preparation of spent nuclear waste for transportation, and
the costs associated with on-site operations required to package or repackage spent nuclear
waste into dry canister storage after a nuclear generating plant has been decommissioned.
There is a presumption that the spent nuclear waste will have to be repackaged once
during storage within the state. The Public Utilities Commission shall report the estimate
and the commission's assumptions to the governor and chairs of the legislative committees
of the house of representatives and senate having primary jurisdiction over energy and
environment by February 1, 2011.
new text end

new text begin (b) The estimated costs of long-term storage and funding necessary to pay these
costs when incurred shall be accounted for separately in the decommissioning fund
pursuant to the Nuclear Regulatory Commission's guidance on commingling funds in the
decommissioning fund.
new text end

new text begin Subd. 3. new text end

new text begin Host community cost estimate. new text end

new text begin In addition to the costs determined under
subdivision 2, the Public Utilities Commission shall include in the estimated long-term
storage costs in the decommissioning fund an estimate of the costs to a host community
for the period after a nuclear generating plant is removed and returned to green space until
the dry casks are removed by the United States Department of Energy. The estimated cost
shall not be less than the average of the highest five years of property tax receipts received
from a nuclear generating plant by the host communities of Red Wing and Monticello.
The estimated cost to the Prairie Island Indian Community in Minnesota shall be based on
the annual amount provided for under section 216B.1645, subdivision 4. Both of these
estimates shall be increased annually by the implicit price deflator or similar inflationary
index. Payments to a host community must begin after the nuclear generating plant within
the community permanently ceases generating electricity and must continue until spent
fuel is permanently removed by the United States Department of Energy.
new text end

new text begin Subd. 4. new text end

new text begin Refund. new text end

new text begin If the United States Department of Energy opens a federal
depository that accepts spent nuclear waste from Minnesota, the money set aside under
this section must be refunded to rate payers.
new text end