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SF 4

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/17/2012 09:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to energy; regulating and monitoring decommissioning of nuclear power
plants and disposal of used fuel; abolishing prohibition on issuing certificate of
need for new nuclear power plant; amending Minnesota Statutes 2010, section
216B.243, subdivision 3b; proposing coding for new law in Minnesota Statutes,
chapter 216B.

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

Section 1.

new text begin [216B.1614] NUCLEAR POWER PLANT DECOMMISSIONING AND
STORAGE OF USED NUCLEAR FUEL.
new text end

new text begin Subdivision 1. new text end

new text begin Decommissioning costs. new text end

new text begin (a) The Public Utilities Commission shall,
when considering approval of a plan for the accrual of funds for the decommissioning of
nuclear facilities filed in accordance with a commission order, include an evaluation of the
costs, if any, arising from storage of used nuclear fuel that may be incurred by the state of
Minnesota, and any tribal community, county, city, or township where used nuclear fuel is
located following the cessation of operations at a nuclear plant.
new text end

new text begin (b) To assist the commission in making the determination required in paragraph
(a), the filing shall provide cost estimates, including ratepayer impacts, assuming used
nuclear fuel will be stored in the state for 60 years, 100 years, and 200 years following the
cessation of operation of the nuclear plant.
new text end

new text begin Subd. 2. new text end

new text begin Rate. new text end

new text begin A public utility filing a decommissioning plan in accordance with
a commission order and this section may include, as part of a general rate case petition,
the costs of decommissioning accrual incurred in complying with a commission order
implementing this section.
new text end

new text begin Subd. 3. new text end

new text begin Commission report. new text end

new text begin The commission shall prepare a nuclear
decommissioning report after each of the commission's periodic review of nuclear
decommissioning costs. The report shall be submitted within 180 days of the date of
the final order related to that review to the chairs and ranking minority members of the
legislative committees with primary jurisdiction over energy policy and public safety.
That report shall, without limitation, include the following:
new text end

new text begin (1) an explanation of the commission's funding decisions regarding nuclear
decommissioning;
new text end

new text begin (2) the progress of the United States Department of Energy to remove from
Minnesota spent fuel produced by nuclear generating plants in Minnesota;
new text end

new text begin (3) an analysis of the financial and other obligations related to decommissioning and
storage of used fuel of the utility holding title to spent nuclear fuel to the state and to host
communities, including affected tribal communities; and
new text end

new text begin (4) any recommendations to the legislature on legislation or other actions that may
be necessary for addressing long-term or indefinite storage costs.
new text end

Sec. 2.

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


Subd. 3b.

deleted text beginNuclear power plant; new construction prohibited; relicensingdeleted text endnew text begin
Additional storage of spent nuclear fuel
new text end.

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

deleted text begin (b)deleted text end 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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end