Maine Revised Statutes Title 35-A Sec. 4356 – Responsibility for decommissioning
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1. Decommissioning trust fund. In the first instance, the cost of decommissioning shall be paid from the decommissioning trust fund established for the plant being decommissioned.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 4356
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Decommissioning: means the series of activities undertaken beginning at the time of closing of a nuclear power plant to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the plant is accomplished safely, in compliance with all applicable state and federal laws. See Maine Revised Statutes Title 35-A Sec. 4352
- Decommissioning expenses: means the following:
A. See Maine Revised Statutes Title 35-A Sec. 4352fund: means a trust fund set up as prescribed in sections 4353 and 4355 to hold money for the eventual purpose of paying decommissioning expenses. See Maine Revised Statutes Title 35-A Sec. 4352 Licensee: means the holder of the operating permit from the United States Nuclear Regulatory Commission for a nuclear power plant. See Maine Revised Statutes Title 35-A Sec. 4352 Owner: means any transmission and distribution utility that owns any portion of a nuclear power plant, whether directly or through ownership of stock in a company that owns any portion of a nuclear power plant or through membership in a holding company that owns any portion of a nuclear power plant or through other means. See Maine Revised Statutes Title 35-A Sec. 4352 plant: means a nuclear fission thermal power plant situated in this State. See Maine Revised Statutes Title 35-A Sec. 4352
2. Licensee responsible. If the assets of the decommissioning trust fund are insufficient to pay for the cost of decommissioning, the licensee shall be responsible for the additional cost.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3. Insufficient assets. If the assets of the licensee are insufficient to cover the remaining cost of decommissioning after the decommissioning trust fund is exhausted, the owners are jointly and severally liable for the safe and proper decommissioning of that nuclear power plant. If, under this subsection, any in-state owner pays decommissioning expenses in excess of its ownership share in the plant, that owner shall have a cause of action to recover that excess from the other owners. The Department of the Attorney General shall assist in bringing such an action.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4. State not financially responsible; protective action. The State shall have no financial responsibility for decommissioning. If the Governor finds that, because of inadequate action by the responsible parties in carrying out decommissioning, protective action is reasonably required to protect the public health and safety, the State may undertake that action. In that case, the Department of the Attorney General shall bring action against the fund, the licensee and the owners to recover the cost of that protective action. Expenses incurred by the Department of the Attorney General in bringing that action shall be paid from the decommissioning trust fund.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5. Additional expense in rates. The commission shall include, as an allowable operating expense, in calculation of authorized rates, additional decommissioning funds actually supplied by an electric utility in the State, to the extent these are just and reasonable.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).