An Act Reducing Oversight Expense for Decommissioning Nuclear Power Plants To Benefit Electric Ratepayers
Maine Legislature, Session 122, LD 1342
Committee: Utilities and Energy
Sponsors: BARTLETT, BLISS
Amends: 22 MRSA §565-A, 22 MRSA §663, 22 MRSA §664, 22 MRSA §666, 22 MRSA §667, 22 MRSA §676, 25 MRSA §52

Legislative Document 
No. 1342 
S.P.469 
In Senate, March 17, 2005 
An Act Reducing Oversight Expense for Decommissioning Nuclear 
Power Plants To Benefit Electric Ratepayers 
Submitted by the Office of the Public Advocate pursuant to Joint Rule 204. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Representative: BLISS of South Portland. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 35-A MRSA c. 43, sub-c. 2, as amended, is repealed. 
Sec. A-2. 35-A MRSA c. 43, sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
PQST-DECQMNcrSSIQHIBG OVERSIGHT FEES 
§4395. 
State assessment 
Any 
licen5ee 
operating 
an 
interim 
spent 
fuel 
storage 
facility in thi5 State shall pay a fixed annual fee to cover all 
present and rea50nably foreseeable future state fee5, costs and 
asse5sments with re5pect to the licensee, 
including, 
but not 
limited to: 
the costs of 
any 
commission investigation: 
the 
commission's participation in wholesale rate proceedings; safety, 
radiation 
and 
environmental 
monitoring: 
and 
security 
oversight-related 
cQsts. 
This 
annual 
fee 
cQnsolidates 
the 
variQus 
tee§ 
And 
A5se5sments 
impQsed 
by 
the 
State 
on 
the 
licens~e. 
The amQunt of the fixed payment is as follows: 
1. 
Sgpt-emher 1. 2005 to December 31. 2005. 
September 1, 
2005 to December 31, 2005, $90,000: 
2. 
Calendar years 2006 and 2007. 
Calendar years 2006 and 
2007, $360,000 per year: 
3. 
Calendar year 2008. 
Calendar year 2008, $296,667: and 
4. 
Calegdar years 2009 to 12th month. 
Calendar years 2009 
tQ the 12th month Qf the year following the year the spent 
nuclear fuel i5 remQved frQm the site, $170,000 per year. 
Tbe fees paid under this sectiQn are independent of and in 
addition to any cQmpliance cQsts incurred either by the licensee 
Qr by any cQntractQr bired by the Department of Environmental 
PrQtectiQn to Qversee, mQnitQr Qr implement measures necessary to 
ensure compliance pyrsuant to the federal ResQurce Conservation 
and RecQvery Act of 1976, as amended. 
PARTB 
Sec. B-1. 22 MRSA §565-A, as amended by PL 1997, c. 686, §l, 
is further amended to read: 
Page l-LR0570(1) 
• 
§565-A. Coordination with State Radiation Control Aqency 
The 
Health 
and 
Environmental 
Testing 
Laboratory 
shall 
provide 
laboratory 
services 
for 
environmental 
testing 
and 
analysis 
as 
necessary 
to 
implement 
the 
radiation protection 
services of the department conducted pursuant to section 680, 
subsection 2, paragraph D. 
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Sec. B-2. 22 MRS A §661, as amended by PL 1999, c. 174, §2, is 
further amended to read: 
§66l. Public policy 
In the interests of the public health and welfare of the 
people of this State, it is the declared public policy of this 
State that a 
facility licensed by the United States Nuclear 
Regulatory 
Commission 
and 
situated 
in 
the 
State 
must 
be 
accomplished in a manner consistent with protection of the public 
health 
and 
safety 
and 
in 
compliance 
with 
the 
environmental 
protection policies of this State. It is the purpose of this 
chapter, 
in conjunction with sections 
to 690; Title 25, 
sections 51 and 52; and Title 35-A, sections 4331 to 4393, to 
exercise the jurisdiction of the State to the maximum extent 
permitted by the United States Constitution and federal law aBel 
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Re~y~a~e~y-~e~is6ieB. Nothing in this chapter may be construed 
as an attempt by the State to regulate radiological health and 
safety reserved to the Federal Government by reason of the United 
States Atomic Energy Act of 1954, as amended. 
Sec. B-3. 22 MRSA §663, as amended by PL 1997, c. 686, §4 and 
PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. B-4. 22 MRSA §664, sub-§l, as amended by PL 1999, c. 57, 
Pt. B, §l, is further amended to read: 
1. 
Records. 
Each 
facility 
licensee 
shall 
permit 
the 
inspection and copying, for the purposes of this chapter, of its 
books and records, maintained in any form, except that books and 
records that are privileged as 
a matter of law, proprietary, 
security-related or restricted by federal law, are not open to 
inspection. Subject to the approval of the United States Nuclear 
Regulatory Commission and of the facility licensee, access to 
books 
and 
records 
that are proprietary, 
security-related or 
restricted by federal law may be grantedT if 
sRe--&t-at.~-N1:lelea!' 
Sa~esY--~~~~~--~--BeRal~--~---~--SsaseT an 
authorized 
representative 
of 
the 
State 
enters 
into 
a 
nondisclosure 
agreement. For purposes of this section, proprietary information 
includes 
personnel 
records, 
manufacturers' 
proprietary 
information, licensee proprietary information and trade secrets. 
For 
purposes 
of 
this 
subsection, 
"trade 
secrets" 
means 
any 
confidential formula, pattern, process, device, 
information or 
compilation of information, including chemical name, that is used 
in any employer's business that gives the employer an opportunity 
to obtain any advantage over competitors who do not know or use 
it. 
Sec. B-S. 22 MRSA §664, sub-§2, as amended by PL 1999, c. 739, 
§1, is further amended to read: 
2. 
Monitoring. 
Each 
facility 
licensee 
shall 
permit 
moni tor ing, for the purposes of this chapter, of the premises, 
equipment and materials, including source, special nuclear and 
by-product materials, in its possession or use, or subject to its 
control and any vehicle or means of transportation used to remove 
materials or equipment from the site, including, but not limited 
to, by rail, water, roadway or air. 
Monitoring of vehicles or 
other 
means 
of 
transportation 
used 
to 
remove 
materials 
or 
equipment from the site must be undertaken in a manner that is 
safe, that employs properly calibrated instruments and that does 
not result in unreasonable delays in the removal of materials or 
equipment from the site. 
For the purposes of this subsection, "monitoring" means anyone 
or combination of the following: 
A. 
Observing 
the 
conduct 
of 
operations, 
including 
maintenance, quality assurance activities, the preparation, 
transportation and handling of radioactive waste, emissions 
monitoring, 
radiation protection 
and 
the 
observation of 
emergency preparedness tests and drills; 
B. 
Taking 
analytical 
radiological 
measurements 
using 
properly calibrated instruments to confirm: 
(1) 
The 
results 
of 
quality 
assurance 
activities 
undertaken by or on behalf of the facility licensee; 
(2) 
That the preparation, transportation and handling 
of radioactive waste is undertaken in accordance with 
applicable standards; 
(3) 
The results of emissions monitoring undertaken by 
or on behalf of the facility licensee; or 
(4) 
That adequate radiation protection measures are in 
place; eF and 
C. 
Taking radiological measurements 
for the purpose of 
verifying compliance with applicable state laws, including, 
but not limited to, Title 38, section 1455, and confirming 
and verifying compliance with the standards of the United 
States 
Nuclear 
Regulatory 
Commission 
for 
unrestricted 
license 
termination, 
provided 
that 
the 
taking 
of 
such 
measurements employs techniques, protocols, instruments and 
quality assurance practices in accordance with generally 
accepted scientific or industry practices, including, but 
not limited to, those described in the federal Multi-Agency 
Radiation Survey and Site Investigation Manual. 
The licensee shall, upon request, provide split samples to tbe 
State--NuG-l-e-a-F---Sa-f-e-t.-y--I-BspeeteF an authorized representative of 
the department. 
All analytical measurements taken pursuant to 
this subsection must be shared with the licensee. 
The licensee 
may provide data to explain any conflicts between measurements 
taken by the licensee and measurements taken pursuant to this 
subsection. 
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Sec. B-6. 22 MRSA §664, sub-§§3 to 5, as amended by PL 1997, c. 
686, §5, are repealed. 
Sec. B-7. 22 MRS A §665, as amended by PL 1997, c. 686, §6, is 
repealed. 
Sec. B-8. 22 MRSA §666, as amended by PL 1997, c. 686, §7 and 
PL 2003, c. 689, Pt. B, §7, is repealed. 
Sec. B-9. 22 MRSA §667, as amended by PL 1997, c. 686, §8, is 
repealed. 
Sec. B-I0. 22 MRSA §676, sub-§4, as amended by PL 1993, c. 
664, §8 and PL 2003, c. 689, Pte B, §6, is further amended to 
read: 
4. 
Radioactive waste. The Department of Health and Human 
Services shall coordinate management of and shall serve as point 
of contact with the United States Nuclear Regulatory Commission 
-
for high-level and low-level radioactive wastes, in consultation 
with the Department of Environmental Protection T 
~ the State 
Nuclear Safety Advisor in fulfillment of his the State Nuclear 
Safety Advisor's duties pursuant to Title 25, sections 51 and 52 T 
aRa-~-~~~-WQe±ea~-~~~-~~~~--iR--~~~~~~-~--his 
aQ6ies-PQ~SQaR6-6e-see6ieR-999. 
Sec. B-ll. 22 MRS A §679-B, sub-§2, as amended by PL 1995, c. 
333, §1, is further amended to read: 
2. 
Service fee; ceiling. 
Except for waste that is exempt 
in accordance with subsection 4, 
the department shall assess 
annually 
by 
September 
1st 
each 
low-level 
radioactive 
waste 
generator 
a 
service 
fee 
on all 
low-level 
radioactive 
waste 
generated 
in 
this 
State 
that 
is 
shipped 
to 
a 
low-level 
radioactive waste disposal facility, stored awaiting disposal at 
such a facility or stored for any other purpose. 
The service fee 
must be based 
50~ on the volume and 
50~ on the radioactivity of 
the 
waste 
disposed 
in 
a 
disposal 
facility 
in the 
previous 
calendar year or placed in storage in the previous calendar year 
if the State did not have access to a disposal facility for that 
year, but each generator must be assessed a 
minimum of $100 
annually. 
Each generator must pay this service fee within 30 
days, 
except that any generator may choose to make quarterly 
payments instead. 
Any radioactive waste for which a service fee 
was 
assessed 
and 
collected 
under 
this 
section 
can 
not 
be 
reassessed for 
the purposes of this section. 
The 
radiation 
control program within the Division of Health Engineering shall 
adopt rules in accordance with the Maine Administrative Procedure 
Act concerning the calculation of the fee and the exemptions to 
the fee, consistent with this section. 
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Sec. B-12. 25 MRSA §52, sub-§3, as amended by PL 2003, c. 673, 
Pt. S, §1, is repealed. 
PARTC 
Sec. C-l. PL 1997, c. 686, §12, as amended by PL 1999, c. 366, 
§3, is further amended to read: 
Sec. 12. Reimbursement. 
Maine 
shall reimburse the Department of 
Yankee Atomic 
Environmental 
Power Company 
Protection for 
actual 
costs 
incurred 
in 
conducting 
activities 
related 
to 
decommissioning by the department's regular or project staff or 
by the department's contractors. 
Reimbursement charges may not 
exceed $70,000 in fiscal year 1997-98 or $100,000 in fiscal year 
1998-99. 
Reimbursement charges may not exceed $50,000 for each 
rema~n~ng year of decommissioning activity. 
Payments required 
under this section cease upon the July 2005 payment of S50,000 to 
the department in fiscal year 2005-06. 
Sec. C-2. PL 1997, c. 700, §10 is amended to read: 
Sec. 10. Payment by Maine Yankee Atomic Power Plant. 
The 
Maine Yankee Atomic Power Plant shall pay $25,000 by July 1st of 
each year 
to 
the 
Department 
of 
Environmental 
Protection to 
support legislative allocations to the department associated with 
the 
Advisory 
Commission 
on 
Radioactive 
Waste 
and 
Decommissioning. 
Payments required under this section cease on 
the date e{-~~€-~~~~~~~~~-lieeBse-~€~~~~~~-~-MaiBe 
¥aB*ee-~~~~~-PlaBs that the former plant site, except for 
the 
spent fuel 
storage facility, 
is released 
from 
operating 
license requirements by the Nuclear Regulatory Commission. 
Any 
unobligated balance remaining ffiWS~-~~~~-~e may be used by 
the department to pay costs incurred in overseeing and monitoring 
the site of the Maine Yankee Atomic Power Plant until the balance 
is exhausted. 
SUMMARY 
The State's only nuclear generating unit, 
known as Maine 
Yankee, permanently ceased operations in 1997, began the process 
of dismantlement and decontamination in 1998 and has completed 
more than 95% of that physical decommissioning process. 
With the 
imminent completion of physical decommissioning of the nuclear 
generating unit, the State's monitoring and oversight activities 
will change significantly. 
This bill ensures that 
monitoring 
and oversight of the site and the interim spent fuel storage 
installation will continue as necessary and will continue to be 
funded by the nuclear generating facility. 
The bill reorganizes 
the State's oversight and monitoring functions and repeals or 
sets the schedule for repeal of statutory provisions to eliminate 
unnecessary regulatory oversight functions 
and related fees that 
are charged to electric ratepayers. 
Certain state monitoring and oversight activities and costs 
related to 
an operating nuclear 
facility, 
such as emissions 
reporting and waste transport fees, 
are also repealed. 
This 
reorganization and establishment of a new assessment level on the 
licensee 
was 
part 
of 
a 
recent 
Federal 
Energy 
Regulatory 
Commission settlement related to decommissioning 
the facility 
that was unopposed and approved in August 2004. 
In particular, 
Part A of the bill establishes a 
single 
assessment to be paid by the licensee for all state activities 
related 
to 
the 
site, 
including 
safety, 
radiation 
and 
environmental monitoring and security. 
The single annual payment 
to the State is $360,000 for calendar years 2006 and 2007 and 
$170,000 every year thereafter until the spent fuel is removed 
from the site and the interim spent fuel storage installation is 
finally decommissioned. 
Part A also eliminates the requirement 
in 
the 
Maine 
Revised 
Statutes, 
Title 
35-A 
for 
particular 
monitoring and reporting of routine radioactive releases, which 
no longer occur. 
Part B of the bill eliminates funding for the 
State Nuclear 
Safety Inspector position effective September 2005, 
as well as 
the various fees associated with specific testing and monitoring 
programs. 
Part C eliminates, after the payment made in July 2005, the 
requirement 
that 
Maine 
Yankee 
reimburse 
the 
Department 
of 
Environmental Protection for costs incurred by the department in 
conducting activities related to the decommissioning. 
All fees 
eliminated 
in 
the 
bill 
are 
consolidated 
into 
the 
single 
assessment imposed in Part A of the bill, to be allocated by the 
State at its discretion. 
The 
Department 
of 
Health 
and 
Human 
Services 
and 
the 
Department of Environmental Protection continue to be the primary 
agencies responsible for continued oversight of these activities.