KRS § 164.2802 — KY Code / Title XIII / Chapter 164 / Section 164.2802
164.2802 Kentucky Nuclear Energy Development Authority -- Membership -- Director -- Purposes -- Duties -- Annual report
Status: in_force

164.2802 Kentucky Nuclear Energy Development Authority -- Membership --

Director -- Purposes -- Duties -- Annual report.

(1) The Kentucky Nuclear Energy Development Authority is hereby established and

attached to the University of Kentucky Center for Applied Energy Research for

administrative purposes. The mission of the Kentucky Nuclear Energy

Development Authority shall be to:

(a) Serve as the nonregulatory, trusted state government agency on nuclear

energy issues and development in the Commonwealth; and

(b) Support and facilitate the development of the nuclear energy ecosystem across

the Commonwealth in a collaborative manner that:

1. Enhances the Commonwealth's economy;

2. Offers energy production and economic development opportunities that

are safe;

3. Protects the environment across the Commonwealth;

4. Supports community voices, especially in underrepresented or

historically impacted areas;

5. Increases energy education; and

6. Prepares a future workforce.

(2) The Kentucky Nuclear Energy Development Authority shall be governed by an

advisory board consisting of the following twenty-two (22) voting members and

eight (8) nonvoting members:

(a) Seven (7) state government members or their designees who shall be voting

members:

1. The director of the University of Kentucky Center for Applied Energy

Research, who shall serve as chair;

2. The secretary of the Energy and Environment Cabinet;

3. The secretary of the Cabinet for Economic Development;

4. The chair of the Public Service Commission;

5. The president of the Council on Postsecondary Education;

6. The secretary of the Education and Labor Cabinet; and

7. The director of the Division of Emergency Management;

(b) Fifteen (15) at-large members who shall be voting members:

1. A representative from each of the four (4) investor-owned electric

utilities operating in the Commonwealth, designated by the president of

each investor-owned electric utility, unless two (2) or more of the

investor-owned electric utilities are operated under common ownership,

in which case only one (1) representative shall be designated for the

commonly owned utilities;

2. Three (3) representatives of electric cooperatives designated by the chief

operating officer of the Kentucky Association of Electric Cooperatives,

as follows:

a. One (1) of whom shall represent distribution cooperatives; and

b. Two (2) of whom shall represent each of the generation and

transmission electric cooperatives operating in the

Commonwealth, unless they are operated under common

ownership, in which case only one (1) representative shall be

designated for the commonly owned generation and transmission

electric cooperatives;

3. A representative of the Tennessee Valley Authority, designated by its

chief nuclear officer;

4. A representative of municipal utilities, designated by the executive

director of the Kentucky League of Cities;

5. A representative of nuclear site remediation services, designated by the

director of business services for the Four Rivers Nuclear Partnership or

by another organization that provides nuclear site remediation services;

6. A representative for environmental interests, designated by the

executive director of the Kentucky Conservation Committee;

7. A representative of manufacturers, designated by the president of the

Kentucky Association of Manufacturers;

8. A representative for commercial interests, designated by the president of

the Kentucky Chamber of Commerce;

9. A mayor of a city, designated by the executive director of the Kentucky

League of Cities, who lives in an "energy community" as that term is

used in the Inflation Reduction Act of 2022, Pub. L. No. 117-169, and as

it is defined in the latest guidance by the Internal Revenue Service; and

10. A county judge/executive, designated by the executive director of the

Kentucky Association of Counties, who lives in an "energy community"

as that term is used in the Inflation Reduction Act of 2022, Pub. L. No.

117-169, and as it is defined in the latest guidance by the Internal

Revenue Service; and

(c) Eight (8) nonvoting members:

1. The president of the Nuclear Energy Institute, or designee;

2. A representative from a national nuclear educational nonprofit

organization, designated by the chair and confirmed by a majority of the

voting members;

3. A representative from a United States Department of Energy National

Laboratory with expertise in nuclear energy policy issues, designated by

the chair and confirmed by a majority of the voting members;

4. A representative from a nongovernmental nuclear policy advocacy

organization, designated by the chair and confirmed by a majority of the

voting members;

5. Two (2) members of the Senate, who shall serve as ex officio members,

designated by the President of the Senate; and

6. Two (2) members of the House of Representatives, who shall serve as

ex officio members, designated by the Speaker of the House of

Representatives.

(3) State government members named in subsection (2)(a) of this section and members

of the General Assembly named in subsection (2)(c)5. and 6. of this section shall

serve on the advisory board during the terms of their appointed or elected state

government positions. After the initial appointments, all other members of the

advisory board shall serve terms of four (4) years. Members shall be eligible to

succeed themselves and shall serve until their successors are appointed. A vacancy

occurring during the term of any member shall be filled in the same manner as the

original appointment.

(4) A majority of the voting members of the advisory board shall constitute a quorum

for the purposes of conducting business. The advisory board shall meet at least

quarterly, or more often at the call of the chair.

(5) Members of the advisory board shall not be paid for their service as board

members, and they shall not be reimbursed for any expenses relating to their

attendance of board meetings.

(6) The advisory board shall hire a director of the authority who shall possess the skills

and experience necessary to lead the authority effectively, promote the safe and

responsible development of nuclear energy, publicize and encourage application to

the Nuclear Energy Development Grant Program established in KRS 164.2803, and

achieve the authority's purposes described in subsection (7) of this section.

(7) The purposes of the authority shall be to:

(a) Assist interested communities in understanding advanced nuclear

opportunities, including the importance of secure, firm, cost-competitive

power for customers and for economic development opportunities, as well as

the potential for direct and indirect economic benefits associated with the

employment and tax revenue generated from nuclear energy projects;

(b) Provide information to the public on the history of nuclear energy

technologies in the Commonwealth, the status of existing nuclear energy

projects within the Commonwealth, and the potential benefits and concerns

associated with nuclear energy technologies;

(c) Develop the capacity for nuclear energy economic development in the

Commonwealth, which shall include providing information to educational

institutions on the types of career opportunities that will be available with the

development of nuclear energy, building strong relationships with economic

development professionals, promoting existing economic development

incentives applicable to nuclear energy development, and seeking out new

grants and other financial support for nuclear energy development;

(d) Seek greater clarity and certainty with stakeholders on financial support for

early nuclear site permitting, the process for obtaining a nuclear power facility

certificate of public convenience and necessity, and the recovery of

construction work in progress for nuclear energy projects;

(e) Work with communities that have previously hosted nuclear-related activities

and other communities facing a transition away from fossil fuels to empower

those communities with the resources and information necessary to engage

with regulators, developers, and decisionmakers on new nuclear power

facilities, nuclear component manufacturing facilities, and fuel cycle facilities;

(f) Strengthen engagement with the federal Nuclear Regulatory Commission by

reviewing current safety and security practices implemented at different types

of nuclear energy facilities under their purview, promoting the streamlining of

permitting efforts, and supporting the siting of interim and permanent nuclear

storage facilities via the continued use of consent-based siting;

(g) Build the organizational capacity to engage and potentially convene a

consortium of stakeholders interested in nuclear energy technologies that

would consist of utilities, environmental advocates, electric cooperatives, and

major industrial companies in order to share best practices, including how to

share risk associated with developing and constructing new nuclear power

plants within the Commonwealth;

(h) Engage with the United States Department of Energy National Laboratories,

academic institutions, and private companies on efforts to develop deployable

technologies to reprocess or recycle spent nuclear fuel;

(i) Maintain awareness of potential events that could initiate or accelerate the

development of new nuclear energy technologies within the Commonwealth

to allow the public to benefit from these projects; and

(j) Through the nuclear energy development grant administration subcommittee,

review and evaluate grant applications and make grant awards in accordance

with KRS 164.2803.

(8) The authority, with the approval of the advisory board, shall:

(a) Propose and adopt bylaws for the management and operation of the authority,

including for the Nuclear Energy Development Grant Program established in

KRS 164.2803;

(b) Develop and adopt a strategic plan for carrying out the purposes of the

authority described in subsection (7) of this section;

(c) Create and update at least once every two (2) years a nuclear energy economic

impact analysis for the Commonwealth;

(d) Employ necessary staff to carry out the functions of the authority; and

(e) By December 1, 2025, and each December 1 thereafter, submit a report to the

Governor and the Legislative Research Commission for referral to the Interim

Joint Committees on Natural Resources and Energy, Appropriations and

Revenue, and Economic Development and Workforce Investment providing:

1. A summary of the authority's activities and achievements since its last

report;

2. The evaluations and scores of all nuclear energy development grant

applications received and all grant awards made pursuant to KRS

164.2803 since its last report; and

3. Recommendations for the support and expansion of the nuclear energy

ecosystem in the Commonwealth.