Regulation (2008:715) On Financial Measures For The Handling Of Waste Products From Nuclear Activities

Original Language Title: Förordning (2008:715) om finansiella åtgärder för hanteringen av restprodukter från kärnteknisk verksamhet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:715

Introductory provisions



section 1 of this regulation provides for the financing of

management of residues from nuclear activities.



paragraph 2 of this regulation,



Financing Act: the Act (2006:647) on financial measures

for the handling of waste products from nuclear activities,



Studsvikslagen: Act (1988:1597) on the financing of

management of certain radioactive waste etc.,



reaktorinnehavare: the authorized under the Act (1984:3)

If nuclear activities to possess or operate one or more

nuclear reactors that are not permanently raised by,



the baseline cost: the sum of the expected costs of

measures and activities referred to in paragraph 4 of the 1-3 financial law,



additional cost: the sum of the expected costs of

activities referred to in paragraph 4 of the 4-9 financial law,



amount of funding: an amount equal to the difference between

the remaining basic costs and additional costs for the

residues which were raised when the calculation is made and the

funds that have been funded for these costs,



supplementary amount: an amount equivalent to a reasonable

estimation of the costs referred to in paragraph 4 of the 1-3

financial law and which may arise as a result of

unplanned events.



Terms and expressions that are otherwise used for the purposes of this regulation are

the same meaning as in the financial law.



Nuclear waste fee for reaktorinnehavare



3 § reaktorinnehavare shall, in consultation with other

reaktorinnehavare, draw up a cost estimate and submit the

the Swedish radiation safety authority no later than 7 January every three

year. In cost calculation



1. set the total the baseline cost for all

reaktorinnehavare,



2. set out the portion of the total the baseline cost that is common

for all reaktorinnehavare,



3. for each reaktorinnehavare entered



(a)) the part of the total the baseline cost that is attributable to

reaktorinnehavarens reactors,



(b)), the proportion of the total amount of costs incurred and expected

waste products consisting of residues from

reaktorinnehavarens reactors, and



c) that part of the total the baseline cost that should be added to

because of reaktorinnehavarens funding,



4. given the complementary amount should apply to each

reaktorinnehavare,



5. how much energy each reaktorinnehavare plan

to deliver in the next three calendar years after

the latest cost estimate should have been lodged, and



6. set the costs expected to be incurred in each

by the next three calendar years after the

cost estimate last should have been filed for



(a)) treatment, storage and disposal of spent

nuclear fuel,



b) vanity and service operation specified for each

reactor, and



c) demolition, including storage and disposal of

nuclear waste from demolition, specified for each reactor.



4 § the cost estimates under section 3 of each reactor, which

not permanently raised by, be deemed to have



1. a total run time of 40 years, and



2. a remaining operating time of at least six years, unless there are

grounds for believing that the operation could come to an end before that.



5 § If there are special reasons, the Swedish radiation safety authority

submit a reaktorinnehavare to submit cost estimates

earlier than specified in section 3 or to submit a

additional calculation.



section 6 of the radiation and nuclear safety authority shall, for each of

reaktorinnehavarna draw up a proposal for the

nuclear waste fee reaktorinnehavaren will pay the

next three calendar years after the cost calculation

According to paragraph 3 of the last to have been filed.



The Swedish radiation protection authority shall draw up the proposal



1. on the basis of the cost estimates under section 3,



2. taking into account the total additional cost, and



3. so that all expected costs, since the account has been taken of the

to what has been previously paid, may be expected to be covered by

the fees reaktorinnehavaren will pay for

remaining reactors operating time.



The proposed fee should be set in per delivered

kilowatt hour electricity.



Swedish radiation safety authority will give reaktorinnehavaren as well as

the relevant authorities, municipalities and organisations the opportunity to

comment on the fee proposal.



section 7 of the radiation and nuclear safety authority may, if a supplementary

cost estimate has been lodged or if there are special

reasons for it, shall draw up a proposal in accordance with section 6 of which refers to a

shorter period than three years.



paragraph 8 of the Swedish radiation safety authority shall, within nine months from the date of the

cost calculation in accordance with paragraph 3 of the last should have been filed, leave

the fee proposal in accordance with section 6 of the Government for a decision on

nuclear waste fee.



The proposal should indicate



1. the fee proposed for the period referred to,



2. how common the baseline cost is allocated to each

reaktorinnehavare,



3. the baseline cost for each reaktorinnehavare,



4. the detailed reasons for judgement in cases such as this

differs from reaktorinnehavarens calculations,



5. the additional cost and the basis for this, and



6. what factors are considered to be particularly critical for

cost trends.



Nuclear waste fee for other persons authorised holder



section 9 a fee required licence holders who are not

reaktorinnehavare shall, either alone or in conjunction with one or

several other licence holders, draw up a cost estimate and

submit it to the Swedish radiation safety authority no later than 7 January

every three years. In the cost calculation should be specified



1. the total amount of the baseline cost of the plants covered

of the licensee's or the consulting tillståndshavarnas

condition,



2. the expected residual operating time for installations

not permanently raised by,



3. the measures and activities that may be eligible for

such compensation referred to in section 17 of the financial law,



4. the portion of the total that should be added to the baseline cost

because of the amount of funding, and



5. the costs expected to be incurred during each of the

next three calendar years after the

cost estimate last should have been filed for



(a)) treatment, storage and disposal of nuclear waste

and nuclear material is not to be used again,



b) vanity and service operation specified for each

nuclear installation, and



c) demolition, including storage and disposal of

nuclear waste from demolition, specified for each plant.



The first subparagraph shall not apply to installations covered by the

calculation of costs under section 3.



section 10 If there are special reasons, the Swedish radiation safety authority

order a licensee to submit cost estimates

earlier than specified in section 9, or to submit a

additional calculation.



section 11 of the Swedish radiation protection authority shall draw up a proposal for a

the nuclear waste fee that the licensee shall pay the

next three calendar years after the

cost calculation in accordance with section 9 not later than should have been filed.



The Swedish radiation protection authority shall draw up the proposal



1. on the basis of the cost calculation according to section 9,



2. taking into account the total additional cost and, if

cases, the licensee's right to such compensation as referred to in

section 17 of the Act of financing, and



3. so that all expected costs for a facility that

not permanently raised by, then taking into account what is

previously paid, may be expected to be covered by the fees

that the licensee will pay during the

expected remaining service life.



The proposal to charge for a facility that has permanently

asked by should be established so that all expected costs,

then taking into account what has been previously paid, can

are expected to be covered by the fees paid by the licensee

will pay the next three calendar years. If the

There are special reasons, the proposal is established so that

costs can be expected to be covered in a short or

longer period of time.



section 12 of the Swedish radiation protection authority shall give the licensee

the opportunity to give its opinion on a proposal for a fee according to 11

§.



section 13 of the Swedish radiation protection authority shall, on the basis of

the proposal under section 11, shall decide on the nuclear waste fee

the licensee shall pay the next three

the calendar years after the cost calculation according to section 9

last should have been filed.



The radiation and nuclear safety authority with its own proposal to hand over

a case referred to in the first subparagraph to the Government for a decision on

nuclear waste fee where the



1. the case for a nuclear reactor that has permanently

asked by beyond 31 december 1995, or



2. the matter has fundamental importance or otherwise of

particular importance.



A submission referred to in the second subparagraph shall take place within six months

from the latest cost estimates should be submitted according to

section 9.



section 14 of the Swedish radiation protection authority may, if a supplementary

cost estimate has been lodged or if there are special

reasons for it, draw up proposals for nuclear waste fee according to 11

and decide on the contribution under section 13 for a shorter period than

three years.



section 15 Of the decision or proposal for nuclear waste fee according to 13

§ should, in addition to the rate of charge, specify the:



1. the baseline cost for each facility;



2. how, if applicable, the part of the baseline cost that is

common distributed on each licence holders,



3. the detailed reasons for judgement in cases such as this

different from the licensee's calculations,



4. the additional cost and the basis for this, and



5. what factors are considered to be particularly critical for

cost trends.



Payment of nuclear waste fee



section 16 of the nuclear waste fee according to 3-8 sections to be paid quarterly

to the Nuclear waste Fund not later than one month after each

calendar quarter output.



A nuclear waste fee according to §§ 9-15 is to be paid on an annual basis to

The Swedish nuclear waste Fund not later than one month after each calendar year

output.



Exemption from the obligation to pay the nuclear waste fee




section 17 of the radiation and nuclear safety authority may decide on such a dispensation

from charging the obligation referred to in paragraph 8 of the financial law and

the extent of the collateral in this case should be made.



Provisions on securities see §§ 24-26.



Management fee funds



section 18 of the Swedish nuclear waste Fund fee on behalf of the offender's

managing the nuclear waste fees paid into a Fund. Even

such charges paid under Studsvikslagen shall

managed in the Fund.



section 19 of the Fund's resources should be placed in interest-bearing account in

The national debt, the debt obligations issued by the State

or in debt securities issued under the Act (2003:1223) if

the issuance of covered bonds.



The Fund is to be managed so that the requirements on good returns and

satisfactory liquidity are met.



The return on the Fund's resources should be added to the capital.

Regulation (2009:294).



Collateral reaktorinnehavare



section 20 of the radiation and nuclear safety authority shall, on the basis of the

cost calculation provided under section 3, draw up proposals for

funding and additional amounts for each

reaktorinnehavare.



The proposal shall be submitted to the Government for a decision on

funding and additional amounts together with

the fee proposal referred to in section 8.



21 § reaktorinnehavare to the nuclear waste fund set

eligible assets corresponding to the amount of funding and

additional amount that the Government has decided.



Securities shall be of unlimited duration and shall not be

of the property on which it conducted nuclear activities.



Securities to be managed by the national debt Office.



section 22 if the Government requests it to the Swedish national debt Office, before the

securities as referred to in section 21 tested, speak on the issue of

the securities are acceptable. If necessary to ensure

State's right, the Swedish national debt Office suggest the conditions

securities should be combined with.



Collateral for other persons authorised holder



section 23 of the radiation and nuclear safety authority shall, on the basis of the

cost calculation provided under section 9, shall decide on

the amount of funding for a fee required license holders

that is not reaktorinnehavare.



section 24 of the required licence holders who are not

reaktorinnehavare going to the nuclear waste fund set acceptable

collateral equal to the amount of financing decided

or, if the licensee has been granted such an exemption, which

referred to in section 17, all remaining grundkostnader and

additional costs.



Securities to be managed by the national debt Office.



paragraph 25 of the national debt should consider such securities as referred to in

section 24. If necessary to ensure the State's right, may

The Swedish national debt Office combining securities with terms.



The Swedish national debt Office to its own opinion turn over a

case referred to in the first subparagraph to the Government for examination of

securities in the case the case has significance or

otherwise, it is of particular importance.



Margin calls



section 26 of the Swedish national debt Office may decide that a reaktorinnehavare

or other fee required licence holders shall set

acceptable margin calls the corresponding sum, if



1. the value, relative to the time remaining

until the obligation to pay the nuclear waste fee and set

Security ceases under section 11 of the financial law, has deteriorated

to a considerable extent, or



2. the conditions referred to in section 22, second sentence or section 25

the second sentence of the first subparagraph this regulation has been infringed.



The Swedish national debt Office to try and manage the variation margins.



The variation margins shall be addressed to the Nuclear waste Fund.



Use of collateral



section 27 of the radiation and nuclear safety authority shall notify the Government that

pledged assets should be used, if



1. it can be assumed that the reserves are not sufficient to cover the

the costs in accordance with section 4 of the Act of financing covered by

securities, and



2. the licensee shall undertake the obligation not

actions or transfers the funds needed.



Risk assessment and risk charges



section 28 of the national debt should decide every three years on the State

credit risk with respect to collateral pledged in accordance with section 21.



section 29 of the Swedish national debt Office may, taking into account the credit risk

referred to in section 28, decide that a reaktorinnehavare to pay

risk fee equal to the State's expected cost for

the credit risk on the



1. creditworthiness relating to the pledged assets, compared

to the time remaining until the obligation to pay

nuclear waste fee and provide security ceases under section 11 of the

Financing Act, are deemed to be below a certain level in accordance with

regulations that the Swedish national debt Office has informed according to § 51

This regulation, or



2. the conditions referred to in the second sentence of section 22 of this

Regulation has been infringed.



Risk fee is to be paid to the national debt.



The use and payment of funded defined medium



section 30 of the Swedish radiation safety authority hears questions about how and in

the degree to which funded fee funds may be used for the

costs reaktorinnehavare and other persons

licence holders are expected to receive for a certain future time period

for actions and activities that are included in the cost estimates

that have been used as nuclear waste fee was agreed.



Funded fee funds paid in advance for

calendar quarter to reaktorinnehavare and other

persons authorization after application. In the application for

payment shall specify the measures they paid

the funds will cover.



section 31 of the Swedish radiation safety authority hears questions about the

extent funded fee funds may be used to

replace the municipalities for such information costs referred to in

4 section 8 funding law. The remuneration may be determined to

more than 10 million kronor per municipality and calendar year for

municipalities where a repository for used

nuclear fuel is planned or being built.



The remuneration paid in advance after application. The application must

reach the Swedish radiation safety authority no later than three months

before the period to which the application relates. In the application to the specified

What information costs that compensation should cover.

Regulation (2011:1120).



32 § Swedish radiation safety authority hears questions about the

extent funded fee funds may be used for such

support for not-for-profit organizations referred to in paragraph 4 of 9

financial law.



Support may only be provided to non-profit associations



1. make use of the right to participate in the consultation provided for in

Chapter 6. section 4, first subparagraph, second sentence, the environmental code regarding

facility for the handling and disposal of used

nuclear fuel,



2. have a Board that is appointed by the members in the Democratic

forms and annually holds general meeting of members may participate in,



3. have statutes approved by the general meeting and sets the Association's

name and purpose, how decisions are made, how the Board will be appointed and

how accountants who control the activities of the Board are appointed,



4. do not have trade as their main

source of income, and



5. have at least 1,000 members, or is an Association of

not-for-profit organizations, which together have at least 1 000 different

persons as members and in which each compound that is included

comply with the requirements of 2 and 4.



Support may be provided with not more than 2.5 million per compound and

calendar year and with a total of not more than 3.5 million per

calendar year. Regulation (2011:1120).



According to § 33 section 32 is directed to Support the Association's costs to

participate in the consultation procedures referred to in Chapter 6. the Environment Act or

5 c § law (1984:3) on nuclear activities and give its opinion

According to Chapter 6. paragraph 8 environmental code of the application for

permits and environmental impact assessment for a

management and disposal of spent nuclear fuel as well as

costs to be able to follow and evaluate issues related to

disposal of spent nuclear fuel and final förvaringens

effects on human health or the environment. Costs may

include salary costs, local costs and other administrative

costs. The aid must not relate to the cost of information

targeted directly to the public beyond those relating to the extended

the consultation process. The aid must not relate to actions

the Association makes after 12 months have elapsed from the

to the application and the environmental impact assessment have

published pursuant to Chapter 6. paragraph 8 environmental code.



The application for support should be submitted to the radiation and nuclear safety authority

not later than 1 October prior to the year to which the application relates. In the application

to specify the costs incurred during the year for which the aid shall

be used to.



If the applications relating to eligible costs total

includes larger amounts than what is available for support

in a given calendar year, the Swedish radiation safety authority

distribute the aid so that it is given an even geographical distribution and

with regard to Union membership and needs as well as

previously received support.



The support is paid up front for the calendar year.

Regulation (2010:1547).



§ 34 a State Government application for compensation for such

costs referred to in paragraph 4 of the 4-8 Financing Act shall be submitted

to the Government. The application shall specify the costs that

compensation shall cover.



35 § Payment of funded defined medium which has been decided

According to 30-32 sections made of nuclear waste Fund at the request of

Swedish radiation safety authority.



36 § Paid fee funds that have not been used to in

According to the radiation and nuclear safety authority shall be refunded

to the nuclear waste Fund at the end of the calendar year or deducted

against future payments.



Swedish radiation safety authority may decide that the person who has received

payments under section 30 shall be obliged to compensate

The Swedish nuclear waste Fund for lost returns on such funds

has not been used.



The use and disbursement of funds according to Studsvikslagen



37 §/comes into force: 2018-01-01/

For fees that have been funded under the Studsvikslagen

the provisions of §§ 38-41 instead of 30-36 sections.



section 38/comes into force: 2018-01-01/


The authorized to such nuclear activities

referred to in paragraph 1 of the Studsvikslagen shall, either alone or in consultation with

other licence holders, calculate the expected cost of

activities and submit the calculation to

Swedish radiation safety authority not later than 30 april of each year.



Of the cost calculation to reflect the costs that are expected to

arise during the coming calendar year for



1. treatment, storage and disposal of nuclear waste

and nuclear material is not to be used again,



2. vanity-and service operation specified for each

nuclear installation, and



3. demolition, including storage and disposal of

nuclear waste from demolition, specified for each plant.



39 §/comes into force: 2018-01-01/

Swedish radiation safety authority is trying, on the basis of

the cost estimate provided for in § 38, questions about how and in

the degree to which the funds have been funded under the

Studsvikslagen may be used for the costs

the licensee is expected to receive over the next calendar year

for actions and activities that are included in the cost estimates

used as contributions to the Fund, it was decided.



40 §/comes into force: 2018-01-01/

Payment of reserves that have been decided in accordance with the

section 39 is made in advance for the calendar quarter of the Swedish nuclear waste Fund

at the request of the Swedish radiation protection authority.



41 §/comes into force: 2018-01-01/

Disbursed funds that have not been used will be in accordance

with the radiation and nuclear safety authority shall be refunded to

The Swedish nuclear waste Fund at the end of the calendar year or offset

upcoming payments.



Swedish radiation safety authority may decide that the person who has received

payments under section 39 shall be obliged to compensate

The Swedish nuclear waste Fund for lost returns on such funds

has not been used.



Accounting and control



42 § Reaktorinnehavare and other taxable

licence holders shall by 31 March at the latest each year account for

Swedish radiation safety authority how funded fee funds

received during the preceding calendar year have been used.



A reaktorinnehavare shall, no later than 1 February of each year

account to the Swedish radiation safety authority how much energy

delivered the last calendar year.



43 § A Government agency that has received the fee funds

indemnity for the costs referred to in paragraph 4 of the 4-8

Finance Act, for each calendar year account for how the funds

has been used. Financial statements must be submitted to the Government no later than

on 31 March of the year following the calendar year concerned;



44 § A municipality under section 31 have received fee funds

compensation for information costs will be for each

replacement time account for how the funds have been used.

Financial statements must be submitted to the County Board within three months

After that period has ended. The provincial government will be with a

own opinion to the Swedish radiation safety authority

within a month.



45 § non-profit organization has received such aid

referred to in section 32 shall for each calendar year account for how the funds have

been used. Financial statements must be submitted to the

Swedish radiation safety authority no later than 31 March of the year following the

calendar years referred to.



section 46 of the Swedish nuclear waste Fund shall, no later than 1 March each year

information to the Swedish radiation safety authority about the fees

received for the last calendar year, fund balances

as well as the expected return on the Fund's resources.



47 § the Swedish radiation protection authority shall verify that decided

nuclear waste fees have been paid and revise how paid

funds have been used.



The radiation and nuclear safety authority shall, no later than 1 February of each year

inform the Nuclear waste Fund if all planned and

forecasted contributions to and payments from

Fund.



The radiation and nuclear safety authority shall, for each calendar year, submit a

Summary to the Government over the Fund's changes and

the use of the funds paid.



Reimbursement of reserves



48 § the Swedish radiation protection authority shall notify the Government that

repayment of funded defined under section 16 of the

financing law should be



1. when the obligations under section 11 of the same law has expired, or



2. If the prior to that special circumstances to repay

funds that are not needed.



49 § The eligible for reimbursement under

Financing Act may apply for this. Such an application should

be submitted to the radiation and nuclear safety authority, which with its own

opinion shall submit it to the Government.



Appropriations



50 § the Swedish radiation protection authority shall communicate the provisions

necessary for the execution of 3, 9, 16, 17, 30-33, 36 and 38-

47 sections.



51 § national debt may provide the prescriptions needed

for the execution of 22, 24-26, 28 and 29 sections.



52 § the Swedish radiation protection authority shall notify such injunctions

referred to in second subparagraph of section 18 of the Finance Act.



53 § Swedish radiation safety authority may, in the particular case give

exemption from the provisions on time limits for the 3, 9, 16, 31,

33, 38, 42 and 44 to 46 §§, if this can be done without the purpose of

rules. Regulation (2009:324).



Appeal



54 § administrative decisions pursuant to this Regulation shall

be appealed to the Government.



Decisions under this Regulation shall take effect immediately unless

else is determined.



Transitional provisions



2008:715



1. This Regulation shall enter into force on 1 August 2008 in the case of

1-36 and 42 to 54 sections and on 1 January 2018 in respect of 37 to 41 sections.

Regulation (2011:1491).



2. Regulation (2007:161) on financial measures

management of residues from nuclear activities should

to expire on 1 August 2008 and regulation

(1988:1598) on the financing of the management of certain radioactive

waste, etc. shall be repealed on 1 January 2018.

Regulation (2011:1491).



3. for the purposes of 3-8 and 20 sections in a

cost estimate shall be submitted no later than January 7, 2011 for

decisions on nuclear waste fee for 2012-2014 and thereafter every

third year. For the period prior to that, the following applies.

Reaktorinnehavarna to submit a cost estimate by 7

January 2009. In the cost calculation, in addition to the information

as follows from paragraph 3 of the 1-5, sets out the costs that are expected to

arise during 2010 and 2011. Swedish radiation safety authority

the fee proposal is directed to 2010 and 2011.



4. for the purposes of sections 9-15 for such facilities as

referred to in paragraph 13 1 applies to a cost estimate

shall be submitted no later than January 7, 2011 for

nuclear waste fee for 2012-2014 and every three years thereafter.

For the period prior to that, the following applies. The licensee shall

submit a cost estimate by 7 January 2009. In

cost calculation, in addition to the functions required by section 9

first subparagraph, 1-4, sets out the costs that are expected to arise

in 2010 and 2011. The Swedish radiation protection authority's tariff proposal

is directed to 2010 and 2011.



5. for the purposes of sections 9-15 for other licence holders

for a cost estimate shall be submitted no later than January 7

2010 for decisions on nuclear waste fee for 2011-2013 and thereafter

every three years. For the period prior to

Swedish radiation safety authority decide if nuclear waste fee for

2009 and 2010 in the light of the cost calculation

the holder of the authorization referred to in older provisions should have given in

by 30 June 2008.



2008:794



1. This Regulation shall enter into force on 1 november 2008.



2. The Swedish radiation protection authority shall for the purposes of section 33 also

examine applications for calendar year 2009 and who have

received after October 1, 2008 and no later than 15 november

2008.