66-128m. Same; decommissioning financing plan.

66-128m

Chapter 66.--PUBLIC UTILITIES
Article 1.--POWERS OF STATE CORPORATION COMMISSION

      66-128m.   Same; decommissioning financing plan.(a) Any licensee operating a nuclear power generating facilitylocated in the state on the effective date of this act shall submit aproposed decommissioning financing plan for the facility to thecommission not later than December 31, 1985. Any licenseeconstructing such a facility on the effective date of this act shall submitsuch a plan to the commission beforecommercial operation of the facility.

      (b)   The decommissioning financing plan shall include:

      (1)   An estimate of the date of closing of the nuclear power generating facility;

      (2)   an estimate of the cost of decommissioning the facility, expressedin dollars current in the year the plan is prepared, and based on anengineering report issued within three years of the date the plan issubmitted to the commission;

      (3)   the share of the estimated decommissioning costs attributed to each owner;

      (4)   a plan for funding the decommissioning;

      (5)   plans for periodic review and updating of the plan, including thecost of decommissioning estimated under paragraph (2);

      (6)   the amount of money which customers of each owner have beencharged for the decommissioning up to the date of submission of the planand the total amount necessary to meet the projected decommissioning costsof the facility, over the remaining useful life of the facility;

      (7)   plans and options for insuring against or otherwise financingpremature closing of the facility;

      (8)   reasonable assurance of responsibility in the event of insufficientassets to fund the decommissioning;

      (9)   a description of the stages by which decommissioning is intended to be accomplished;

      (10)   a fully executed decommissioning financing agreement between thelicensee and each owner, evidencing each owner's acceptance of itsrespective share of the ultimate financial responsibility fordecommissioning. In satisfaction of this requirement, the licensee maysubmit existing ownership agreements together with documentation from eachowner of the applicability of the agreement to the case of financialresponsibility for decommissioning; and

      (11)   any other information related to the financing of decommissioningwhich the commission requests.

      History:   L. 1985, ch. 225, § 56; July 1.