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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
161
:
DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE
§
7020. State regulation; responsibilities and authority
(a) The agency,
after public comment and after consultation with the public service board and
the department of public service, shall by rule establish the siting
requirements, the screening and certification procedures and criteria, the
separation, recoverability and facility design standards, and the draft license
review procedures and standards. These rules must at least include the minimum
requirements of sections 7021, 7022, 7023 and 7024 of this title and be
sufficient to protect the environment and the public health for the hazardous
life of materials likely to be deposited in the disposal facility. The agency
shall by rule establish procedures and requirements for public comment under
this chapter. The agency shall also by rule establish procedures and
requirements for reports and manifests from generators of low-level radioactive
waste concerning the quantities, concentrations, characteristics, expected
generation rates, packaging, storage conditions and any other information
reasonably necessary for the agency and the authority to carry out their
responsibilities.
(b) The public
service board shall:
(1) approve the
service fees and disposal fees set by the authority under sections 7011(4)(K),
7012(p) and 7013(e) of this title;
(2) utilize
procedures substantially similar to the rate-setting procedures in chapter 5 of
Title 30, including the procedures for temporary rates in section 226 of that
chapter but not including the time limits of section 227 of that chapter;
(3) review and
approve, during any fee approval proceeding, an amount for:
(A) expenses
expected prior to the end of the operating life of Vermont Yankee, except
construction costs;
(B) expenses,
including ongoing capital costs, expected after the end of the operating life
of Vermont Yankee;
(C) costs of the
permanent disposal of the long-lived waste; and
(D) construction
costs; and
(4) determine,
after public hearing, adequate financial assurance requirements to be specified
as a condition for approval of fees under this subsection.
(c) The
department of public service shall appear in all proceedings before the public
service board under this chapter and represent the interests of the people of
the state. The department of public service shall review and may present
testimony on any issue, including the service or disposal fees, the costs of
permanent disposal of the long-lived waste, the financial assurance
requirements and the relationship of these fees, costs and requirements to the
costs of decommissioning the Vermont Yankee Nuclear Power Station.
(d) Rules
adopted under this section must be at least as stringent as applicable federal
standards, performance objectives and requirements.
(e) No officers,
departments, boards, agencies, divisions and commissions of the state may
render any services to the authority that would compromise their ability to
perform their regulatory functions under this chapter, but they shall cooperate
with and provide any information available to them as may be requested by the
authority for the performance of its responsibilities if otherwise allowed by
law.
(f) The agency
of natural resources, the public service board and the department of public
service may allocate to the authority the portion of the expenses incurred by
them, including expenses from the use of additional personnel and regular
employees, for all actions and proceedings authorized by this chapter. At least
quarterly, the agency and the department of public service shall send to the authority
detailed statements showing the money expended, and the authority shall pay
those statements out of the low-level radioactive waste fund. (Added 1989, No.
296 (Adj. Sess.), § 3, eff. June 29, 1990.)