An Act To Ensure Adequate Funding for the Oversight of Spent Nuclear Fuel Storage in Maine
Maine Legislature, Session 123, LD 1918
Committee Amendment CA_A_H671 (House)
Amends: 35-A MRSA §4397

COMMITTEE AMENDMENT 'H "to H.P. 1351, L.D. 1918, Bill, "An Act To 
Ensure Adequate Funding for the Oversight of Spent Nuclear Fuel Storage in Maine" 
Amend the bill in the emergency preamble by striking out the 4th paragraph (page 1, 
lines 8 and 9 in L.D.) and inserting the folIowing: 
'Whereas, the length of time that spent fuel will be stored in Maine and the 
necessary activities and associated costs to provide sufficient oversight are uncertain and 
require careful and coordinated review; and' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'35-A MRSA §4397 is enacted to read: 
§4397. Review of oversight activities and funding; report; additional assessments 
1. Review. Representatives of the Office of the Public Advocate, the Department of 
Public Safety, the radiation control program of the Department of Health and Human 
Services and the Department of Environmental Protection; an independent expert in 
radiological and nuclear engineering selected by the Public Advocate; and a licensee 
operating an interim spent fuel storage facility in this State, referred to in this section as 
"the licensee," shall meet on a regular basis and no fewer than 4 times per calendar year: 
A. To review activities being undertaken by the licensee, the Office of the Public 
Advocate, the Department of Public Safety and other agencies of State Government, 
including, but not limited to, the Department of Health and Human Services and the 
Department of Environmental Protection, with respect to ensuring: 
(1) The protection of public health and safety at the site of the interim spent fuel 
storage facility; and 
(2) Timely contract performance by the United States Department of Energy 
regarding the removal of spent nuclear fuel from the site; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ~ 
.. to H.P. 1351, L.D. 1918 
B. To identify necessary activities to be undertaken by the parties in paragraph A for 
the next calendar year to ensure the protection of public health and safety at the site 
of the interim spent fuel storage facility and timely contract performance by the 
United States Department of Energy regarding the removal of spent nuclear fuel from 
the site; and 
C. To develop recommendations regarding funding requirements to carry out the 
activities identified in paragraph B. 
2. Report. Based on the activities conducted under subsection 1, the Office of the 
Public Advocate, in consultation with the Department of Public Safety, the radiation 
control program of the Department of Health and Human Services, the Department of 
Environmental Protection, the independent expert in radiological and nuclear engineering 
selected by the Public Advocate and the licensee, referred to in this subsection as "the 
consulting parties," shall prepare and submit an annual report to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters no later 
than February 15th of each year. The report must provide a summary of the review 
conducted pursuant to subsection 1 and include specific recommendations regarding 
funding requirements for the next calendar year pursuant to subsection I, paragraph C. If 
the Office of the Public Advocate and the consulting parties are unable to agree on 
recommendations regarding funding requirements, the consulting parties shall submit 
their individual recommendations in writing to the Office of the Public Advocate and the 
Office of the Public Advocate shall include the individual recommendations of the 
consulting parties in the report. The Office of the Public Advocate, with input from the 
conSUlting parties, shall determine the format of the report. To assist in the preparation of 
the report, the Department of Public Safety, the Department of Health and Human 
. Services and the Department of Environmental Protection shall submit to the Office of 
the Public Advocate no later than December 15th of each year an annual accounting of 
expenditures of funds from the Interim Spent Fuel Storage Facility Oversight Fund 
established pursuant to section 4396. 
3. Authority for legislatiou; annual fee. 
The joint standing committee of the 
Legislature having jurisdiction over utilities and energy matters shall review the report 
submitted under subsection 2, including, but not limited to, the recommendations 
regarding funding requirements. On the basis of its review, the committee may submit 
legislation to amend the level of the annual fee required of the licensee under section 
4395. 
4. 
Expenses. 
In addition to any other fees or payments required under this 
subchapter, the licensee shall pay for reasonable and necessary expenses of the Office of 
the Public Advocate in fulfilling the requirements of this section, up to a maximum of 
$15,000 for calendar year 2008 and up to a maximum of $10,000 per year in each 
subsequent calendar year until the calendar year following the year the spent nuclear fuel 
is removed from the site. 
Sec. 2. 
Appropriations and allocations. 
The following appropriations and 
allocations are made. 
EXECUTIVE DEPARTMENT 
Public Advocate 0410 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1351, L.D. 1918 
Initiative: Allocates funds received from the licensee operating a spent nuclear fuel 
facility in the State for expenses associated with the meeting coordination and reporting 
requirements of the Office of the Public Advocate pursuant to the Maine Revised 
Statutes, Title 35-A, section 4397. These funds are in addition to funds received from the 
licensee under Title 35-A, section 4395. 
OTHER 
SPECIAL 
REVENUE 
FUNDS 
All Other 
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
SUMMARY 
2007-08 
2008-09 
$0 
$15,000 
$0 
$15,000 
This amendment replaces the bill. The amendment requires representatives of the 
Office of the Public Advocate, the Department of Public Safety, the radiation control 
program of the Department of Health and Human Services and the Department of 
Environmental Protection; an independent expert in radiological and nuclear engineering 
selected by the Public Advocate; and the operator of an interim spent fuel storage facility 
in the State, the Maine Yankee Atomic Power Company, to meet periodically to review 
oversight activities being undertaken with regard to the spent nuclear fuel storage facility; 
to identify necessary activities and funding requirements for the next calendar year; and 
to prepare and submit an annual report with specific recommendations regarding funding 
requirements for the next calender year to the joint standing committee of the Legislature 
having jurisdiction over utilities and energy matters. After reviewing the report, the 
committee may submit legislation to amend the level of the annual fee that the licensee is 
required to pay to the State to cover oversight activities. The amendment also requires 
the licensee to pay for reasonable and necessary expenses of the Office of the Public 
Advocate in coordinating the review and preparing the annual report, up to a maximum of 
$15,000 in the first year and $10,000 in subsequent years and provides for the allocation 
of those funds. 
. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 0 1128/08 
~ac:.. 
LD 1918 
LR 2692(03) 
An Act To Ensure Adequate Funding for the Oversight of Spent Nuclear Fuel Storage in Maine 
Fiscal Note for Bill as Amended by Committee Amendment ,,4 " 
Committee: Utilities and Energy 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
$15,000 
$15,000 
Projections 
2009-10 
$10,000 
$10,000 
Projections 
2010-11 
$10,000 
$10,000 
The Office of the Public Advocate within the Executive Department will receive an additional assessment of $15,000 
in fiscal year 2008-09 and $10,000 annually thereafter to pay for expenses associated with coordinating oversight 
review activities and report requirements. The biII includes an Other Special Revenue Funds allocation to the Office 
of the Public Advocate of $15,000 in fiscal year 2008-09 and will require additional allocations of $1 0,000 in 
subsequent years for the above mentioned expenses. 
The additional costs to the Department of Public Safety, the Department of Health and Human Services and the 
Department of Environmental Protection related to attending meetings and preparing reports can be absorbed within 
existing resources. 
LR2692(03) - Fiscal Note - Page 1 of 1