An Act To Ensure Adequate Funding for the Oversight of Spent Nuclear Fuel Storage in Maine (AFfER DEADLINE)
Maine Legislature, Session 123, LD 1918
Committee: Utilities and Energy
Sponsors: BERRY, BARTLETT, BLISS, FLETCHER, RINES, DOW
Amends: 35-A MRSA §4395

Legislative Document 
No. 1918 
H.P.1351 
House of Representatives, May 31, 2007 
An Act To Ensure Adequate Funding for the Oversight of Spent 
Nuclear Fuel Storage in Maine 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Senator BARTLETT of Cumberland and 
'77/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLISS of South Portland, FlITS of Pittsfield, FLETCHER of Winslow, 
RINES of Wiscasset, Senator: DOW of Lincoln. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the oversight of interim spent fuel storage in Maine is critical to the health 
and safety of the people of Maine; and 
Whereas, sufficient funding for the performance of radiation and environmental 
monitoring, security and safety-related activities is necessary for the performance of that 
oversight; and 
Whereas, the length of time that spent fuel will be stored in Maine and the costs 
associated with overseeing that spent fuel are increasing; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the folJowing legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §4395, sub-§2, as enacted by PL 2005, c. 254, Pt. A, §2, is 
amended to read: 
2. Calendar years 2006 and 2007. Calendar years 2006 and 2007, $360,000 per 
year; and 
Sec. 2. 35-A MRSA §4395, sub-§3, as enacted by PL 2005, c. 254, Pt. A, §2, is 
repealed. 
Sec. 3. 35-A MRSA §4395, sub-§4, as enacted by PL 2005, c. 254, Pt. A, §2, is 
amended to read: 
4. Calendar years 2008 to 12th month. Calendar years ~ 
2008 to the 12th 
month of the year following the year the spent nuclear fuel is removed from the site, 
$170,000 $360,000 multiplied by the inflation index per year. For the purposes of this 
subsection, "inflation index" means the Consumer Price Index as defined in Title 36, 
section 5402, subsection 1 for the calendar year ending on the December 3 I st 
immediately preceding the year in which the payment is due, divided by the Consumer 
Price Index for the prior calendar year. 
The commission annually shall publish the 
indexed assessment due pursuant to this subsection. 
Sec. 4. 35-A MRSA §4395, as enacted by PL 2005, c. 254, Pt. A, §2, is amended 
by adding a new 2nd paragraph to read: 
Beginning August 15, 2007 and every 5 years thereafter, in addition to the annual 
fixed fees required by this section, a licensee operating an interim spent fuel storage 
facility in this State shall make a lump-sum payment to the State to pay for costs 
associated with the replacement of depreciated or obsolete capital equipment in the 
amount of $500,000, multiplied by the inflation index. A licensee shall continue to make 
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this additional payment until the spent nuclear fuel is removed from the licensee's site. 
For the purposes of this paragraph, "inflation index" means the Consumer Price Index as 
defined in Title 36, section 5402, subsection 1 for the calendar year ending on the 
December 3 I st immediately preceding the year in which the payment is due, divided by 
the Consumer Price Index for the calendar year 5 years prior to the year in which the 
payment is due. By March 15,2012 and every 5 years thereafter, the commission shall 
publish the indexed payment due pursuant to this paragraph. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
II 
Current law establishes an assessment on a licensee operating an interim spent 
nuclear fuel storage facility in this State; the assessment is scheduled to decrease from 
$360,000 per year to $296,667 for calendar year 2008 and to $170,000 beginning in 2009 
until all spent nuclear fuel is removed from the State. 
This bill maintains the assessment at $360,000 per year until the end of the calendar 
year in which all spent nuclear fuel is removed from the State. The assessment is indexed 
7 
to the rate of inflation. 
This bill also, beginning August 15, 2007 and every 5 years thereafter, imposes an 
additional assessment of $500,000, also indexed to the rate of inflation, on a licensee 
operating an interim spent fuel storage facility in this State to pay for costs associated 
with the replacement of depreciated or obsolete capital equipment. 
Once the spent 
nuclear fuel is removed from the facility, the additional payments are no longer required.