Vermont § 6522 - Public Utility Commission review of proposals for new storage facilities for spent nuclear fuel

§ 6522. Public Utility Commission review of proposals for new storage facilities for spent nuclear fuel

• (a) Neither the owners of Vermont Yankee nor their successors and assigns shall commence
  construction or establishment of any new storage facility for spent nuclear fuel before
  receiving a certificate of public good from the Public Utility Commission pursuant
  to 30 V.S.A. § 248. Standards generally applicable to substantial modification of facilities with certificates
  of public good under 30 V.S.A. § 248 shall apply to any future alterations of any permitted facility. (b) In addition to all other applicable criteria of 30 V.S.A. § 248, before granting a certificate of public good for a new or altered spent nuclear
  fuel facility, the Public Utility Commission shall find that: (1) Adequate financial assurance exists for the management of spent fuel at Vermont Yankee
  for a time period reasonably expected to be necessary, including through decommissioning,
  and for as long as it is located in the State. (2) The applicant has made commitments to remove all spent fuel from Vermont to a federally
  certified long-term storage facility in a timely manner, consistent with applicable
  federal standards. (3) The applicant has developed and will implement a spent fuel management plan that will
  facilitate the eventual removal of those wastes in an efficient manner. (4) The applicant is in substantial compliance with any memoranda of understanding entered
  between the State and the applicant. (c) In addition, the following limiting conditions shall apply: (1) Any certificate of public good issued by the Commission shall permit storage only
  of spent fuel that is derived from the operation of Vermont Yankee and not from any
  other source. (2) Any certificate of public good issued by the Commission shall limit the cumulative
  total amount of spent fuel stored at Vermont Yankee to the amount derived from the
  operation of the facility up to, but not beyond, March 21, 2012, the end of the current
  operating license. Authorized capacity may include on-site storage capacity to accommodate
  full core offload or any order or requirement of the Nuclear Regulatory Commission
  with respect to the fuel derived from these operations. (3) The requirement to obtain a certificate of public good from the Commission for this
  purpose applies to Vermont Yankee, regardless of who owns the facility, and the conditions
  of the certificate of public good and the requirements of this subchapter will apply
  to any future owner. (4) Compliance with the provisions of this subchapter shall constitute compliance with
  the provisions of this chapter that require that approval be obtained from the General
  Assembly before construction or establishment of a facility for the deposit or storage
  of spent nuclear fuel, but only to the extent specified in this subchapter or authorized
  under this subchapter. The Public Utility Commission is authorized to hear and issue
  a certificate of public good for such a facility under 30 V.S.A. § 248 to the extent specified or authorized in this subchapter. Other agencies of the State
  also may receive and act on applications related to the construction or establishment
  of such a facility, provided that any approval for such a facility applies only to
  the extent specified or authorized in this subchapter. Storage of spent fuel derived
  from the operation of Vermont Yankee after March 21, 2012 shall require the approval
  of the General Assembly under this chapter. (5) Compliance with the provisions of this subchapter shall not confer any expectation
  or entitlement to continued operation of Vermont Yankee following the expiration of
  its current operating license on March 21, 2012. Before the owners of the generation
  facility may operate the generation facility beyond that date, they must first obtain
  a certificate of public good from the Public Utility Commission under Title 30. (Added 2005, No. 74, § 2.)