Bill Text: MN SF4 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Nuclear power plant decommissioning and spent fuel disposal monitoring and regulation and certificate of need issuance prohibition elimination
Sponsorship: Moderate Partisan Bill (Republican 36-4)
Status: (Engrossed - Dead) 2012-04-16 - Senate conferees Koch; Rosen; Rest [SF4 Detail]
Download: Minnesota-2011-SF4-Engrossed.html
Bill Title: Nuclear power plant decommissioning and spent fuel disposal monitoring and regulation and certificate of need issuance prohibition elimination
Sponsorship: Moderate Partisan Bill (Republican 36-4)
Status: (Engrossed - Dead) 2012-04-16 - Senate conferees Koch; Rosen; Rest [SF4 Detail]
Download: Minnesota-2011-SF4-Engrossed.html
1.2relating to energy; regulating and monitoring decommissioning of nuclear power
1.3plants and disposal of used fuel; abolishing prohibition on issuing certificate of
1.4need for new nuclear power plant;amending Minnesota Statutes 2010, section
1.5216B.243, subdivision 3b; proposing coding for new law in Minnesota Statutes,
1.6chapter 216B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [216B.1614] NUCLEAR POWER PLANT DECOMMISSIONING AND
1.9STORAGE OF USED NUCLEAR FUEL.
1.10 Subdivision 1. Decommissioning costs. (a) The Public Utilities Commission shall,
1.11when considering approval of a plan for the accrual of funds for the decommissioning of
1.12nuclear facilities filed in accordance with a commission order, include an evaluation of the
1.13costs, if any, arising from storage of used nuclear fuel that may be incurred by the state of
1.14Minnesota, and any tribal community, county, city, or township where used nuclear fuel is
1.15located following the cessation of operations at a nuclear plant.
1.16(b) To assist the commission in making the determination required in paragraph
1.17(a), the filing shall provide cost estimates, including ratepayer impacts, assuming used
1.18nuclear fuel will be stored in the state for 60 years, 100 years, and 200 years following the
1.19cessation of operation of the nuclear plant.
1.20 Subd. 2. Rate. A public utility filing a decommissioning plan in accordance with
1.21a commission order and this section may include, as part of a general rate case petition,
1.22the costs of decommissioning accrual incurred in complying with a commission order
1.23implementing this section.
1.24 Subd. 3. Commission report. The commission shall prepare a nuclear
1.25decommissioning report after each of the commission's periodic review of nuclear
2.1decommissioning costs. The report shall be submitted within 180 days of the date of
2.2the final order related to that review to the chairs and ranking minority members of the
2.3legislative committees with primary jurisdiction over energy policy and public safety.
2.4That report shall, without limitation, include the following:
2.5(1) an explanation of the commission's funding decisions regarding nuclear
2.6decommissioning;
2.7(2) the progress of the United States Department of Energy to remove from
2.8Minnesota spent fuel produced by nuclear generating plants in Minnesota;
2.9(3) an analysis of the financial and other obligations related to decommissioning and
2.10storage of used fuel of the utility holding title to spent nuclear fuel to the state and to host
2.11communities, including affected tribal communities; and
2.12(4) any recommendations to the legislature on legislation or other actions that may
2.13be necessary for addressing long-term or indefinite storage costs.
2.14 Sec. 2. Minnesota Statutes 2010, section 216B.243, subdivision 3b, is amended to read:
2.15 Subd. 3b.Nuclear power plant; new construction prohibited; relicensing
2.16Additional storage of spent nuclear fuel.(a) The commission may not issue a certificate
2.17of need for the construction of a new nuclear-powered electric generating plant.
2.18(b) Any certificate of need for additional storage of spent nuclear fuel for a facility
2.19seeking a license extension shall address the impacts of continued operations over the
2.20period for which approval is sought.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.3plants and disposal of used fuel; abolishing prohibition on issuing certificate of
1.4need for new nuclear power plant;amending Minnesota Statutes 2010, section
1.5216B.243, subdivision 3b; proposing coding for new law in Minnesota Statutes,
1.6chapter 216B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [216B.1614] NUCLEAR POWER PLANT DECOMMISSIONING AND
1.9STORAGE OF USED NUCLEAR FUEL.
1.10 Subdivision 1. Decommissioning costs. (a) The Public Utilities Commission shall,
1.11when considering approval of a plan for the accrual of funds for the decommissioning of
1.12nuclear facilities filed in accordance with a commission order, include an evaluation of the
1.13costs, if any, arising from storage of used nuclear fuel that may be incurred by the state of
1.14Minnesota, and any tribal community, county, city, or township where used nuclear fuel is
1.15located following the cessation of operations at a nuclear plant.
1.16(b) To assist the commission in making the determination required in paragraph
1.17(a), the filing shall provide cost estimates, including ratepayer impacts, assuming used
1.18nuclear fuel will be stored in the state for 60 years, 100 years, and 200 years following the
1.19cessation of operation of the nuclear plant.
1.20 Subd. 2. Rate. A public utility filing a decommissioning plan in accordance with
1.21a commission order and this section may include, as part of a general rate case petition,
1.22the costs of decommissioning accrual incurred in complying with a commission order
1.23implementing this section.
1.24 Subd. 3. Commission report. The commission shall prepare a nuclear
1.25decommissioning report after each of the commission's periodic review of nuclear
2.1decommissioning costs. The report shall be submitted within 180 days of the date of
2.2the final order related to that review to the chairs and ranking minority members of the
2.3legislative committees with primary jurisdiction over energy policy and public safety.
2.4That report shall, without limitation, include the following:
2.5(1) an explanation of the commission's funding decisions regarding nuclear
2.6decommissioning;
2.7(2) the progress of the United States Department of Energy to remove from
2.8Minnesota spent fuel produced by nuclear generating plants in Minnesota;
2.9(3) an analysis of the financial and other obligations related to decommissioning and
2.10storage of used fuel of the utility holding title to spent nuclear fuel to the state and to host
2.11communities, including affected tribal communities; and
2.12(4) any recommendations to the legislature on legislation or other actions that may
2.13be necessary for addressing long-term or indefinite storage costs.
2.14 Sec. 2. Minnesota Statutes 2010, section 216B.243, subdivision 3b, is amended to read:
2.15 Subd. 3b.
2.16Additional storage of spent nuclear fuel.
2.17
2.18
2.19seeking a license extension shall address the impacts of continued operations over the
2.20period for which approval is sought.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
