Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.22 - Request for Proposals

Current through Register 1525, July 5, 2024
(1) Within 60 days of a vote, pursuant to M.G.L. c. 111H, § 17, to initiate site selection, and after consultation with the Commissioner of the Division of Capital Planning and Operations, the Board shall issue a Request for Proposals satisfying the requirements of 345 CMR 3.00 and conforming to 345 CMR 3.22.
(2) Each Request for Proposals issued pursuant to 345 CMR 3.22 shall contain the most recent management plan adopted by the Board and shall require each applicant to submit:
(a) detailed organizational information for the applicant and its proposed subcontractors, including their legal structure and ownership and control and, in particular, the location of the safety personnel within the organization; and
(b) the applicant's operational experience, including the background and qualifications of all officers, directors, partners and principal owners of the Applicant and its subcontractors, and of the key personnel to be utilized in the performance of any contract with the Board; and
(c) a description of the locations and operating experiences of existing or former operations of the applicant and its subcontractors; and
(d) the applicant's and its affiliated entities', principals', subcontractors' and key personnel's history of compliance with, and any violations of federal, state or local requirements by such persons in any jurisdiction in which they or any of them has done business, and any criminal indictments or convictions of such persons or civil litigation brought or judgment entered during the prior five years against or involving the business activities of such person; and
(e) a financial disclosure statement describing the applicant's financial resources and proposed revenue plans and demonstrating that the Applicant either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds to cover the estimated costs of development and operation of a facility and will have sufficient funds available to carry out facility closure and post-closure observation and maintenance; and
(f) any and all information relevant to the Board's application of the financial, technical and management criteria set forth in 345 CMR 3.11 through 3.13, including but not limited to:
1. any Form 10Ks and Form 10Qs that the applicant has filed with the U.S. Securities and Exchange Commission, during the last five years; and
2. if the applicant did not file Form 10Ks and Form 10Qs with the U.S. Securities and Exchange Commission during one or more of the past five years, audited financial statements prepared by a nationally recognized auditing firm for the past five fiscal years and quarterly financial reports for the past five years; and
3. any material pending legal proceedings, other than routine litigation incidental to the ordinary course of business, to which the applicant or any of its affiliated entities, principals, or key personnel is a party or which any of their property is the subject. The applicant shall include the name of the court or agency in which the proceedings are pending, the date instituted, the principal parties thereto, a description of the factual basis alleged to underlie the proceeding and the relief sought. The applicant shall also include similar information as to any such proceedings known to be contemplated by government authorities; and
(g) a preliminary facility development, operation, closure, post-closure observation and maintenance and institutional control plan including a description of the proposed technology or technologies to be utilized, and of the applicant's staffing plans and personnel training program, safety and record keeping procedures, and contingency plans for facility operations; and
(h) proposed site community, neighboring community and affected community compensation benefits and guarantees; and
(i) terms under which the applicant will participate in an advisory board that will assist in the planning and implementation of detailed site characterization.