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Home » US Law » 2022 New Hampshire Revised Statutes » Title XII - Public Safety and Welfare » Title 162-F - Decommissioning of Nuclear Electric Generating Facilities

Section 162-F:1 – Decommissioning Responsibility.

    162-F:1 Decommissioning Responsibility. – The legislature recognizes that in order to ensure the health, safety, and well-being of the public and of current and future generations, a costly and comprehensive decommissioning procedure is necessary at the end of the useful or serviceable life of nuclear electric generating facilities. Because the costs are substantial and […]

Section 162-F:14 – Definitions.

    162-F:14 Definitions. – As used in this chapter: I. " Committee " means a nuclear decommissioning financing committee established pursuant to RSA 162-F:15. II. " Decommissioning " means, but is not limited to, any or all of the following, as may be required by any federal or state agency with jurisdiction, when any radioactive […]

Section 162-F:15 – Committee Established.

    162-F:15 Committee Established. – I. A nuclear decommissioning financing committee shall be established for each facility. The committee shall have jurisdiction to determine the projected cost of decommissioning the facility and the schedule of payments for each owner. The committee shall have jurisdiction to determine what decommissioning is required. The radiological standards of the […]

Section 162-F:15-a – Rulemaking.

    162-F:15-a Rulemaking. – The committee shall adopt rules under RSA 541-A relative to the conduct of hearings under RSA 162-F:21. Source. 1993, 330:5. 2012, 171:11, eff. Aug. 10, 2012.

Section 162-F:16 – Overlapping Jurisdictions.

    162-F:16 Overlapping Jurisdictions. – If a facility is located in more than one city or town, for the purpose of selecting a nuclear decommissioning financing committee, it shall be deemed to be located in the city or town in which the largest part of the main nuclear reactor building is located. Source. 1981, 109:2, […]

Section 162-F:17 – Organization of Committees.

    162-F:17 Organization of Committees. – I. The temporary chairman of each committee formed, who shall be the commissioner of the department of energy, shall call an organizational meeting within 90 days of formation. At the organizational meeting, the committee shall select a chairman to serve for a 3-year term, elect such other officers as […]

Section 162-F:18 – Expenses of Committee.

    162-F:18 Expenses of Committee. – The reasonable expenses of each committee and the office of the attorney general, including the services of consultants, and clerical and technical assistance, shall be a direct charge against the owner or owners of the facility. Source. 1981, 109:2. 1994, 386:8. 2001, 193:7, eff. Sept. 3, 2001.

Section 162-F:19 – Fund; Schedule of Payment Established.

    162-F:19 Fund; Schedule of Payment Established. – I. A separate nuclear decommissioning financing fund, with a separate account for each owner, shall be established for each facility in the state. The committee shall determine the projected cost of decommissioning, the funding date, and the schedule of payments sufficient to ensure that the full cost […]

Section 162-F:20 – Administration of Fund.

    162-F:20 Administration of Fund. – I. The state treasurer shall administer each fund established under this chapter. The treasurer and the committee shall take every reasonable precaution to preserve the integrity of each non-taxable fund. Interest, dividends and other earnings of the fund shall, after deducting the expenses of administering the fund, be added […]

Section 162-F:21 – Funding Amount Established; Report; Public Hearing.

    162-F:21 Funding Amount Established; Report; Public Hearing. – I. Each committee shall hold at least one public hearing to receive information on funding requirements for each fund. The committee shall have the authority to subpoena witnesses and administer oaths and to compel by subpoena duces tecum the production of any accounts, books, contracts, records, […]

Section 162-F:21-a – Changes in Ownership.

    162-F:21-a Changes in Ownership. – I. At the time a non-utility acquires an ownership interest in a facility, sufficient moneys shall have been paid into the fund, so that the balance of the fund for that ownership interest shall equal or exceed the minimum decommissioning funding requirements of the Nuclear Regulatory Commission for that […]

Section 162-F:21-b – Customer Nuclear Decommissioning Charge.

    162-F:21-b Customer Nuclear Decommissioning Charge. – I. The public utilities commission shall permit an electric utility with a franchise territory in the state to charge its customers on a per kilowatt hour basis the amount it pays directly into the fund, as required by the committee pursuant to a schedule of payments established under […]

Section 162-F:21-c – Funding Assurance.

    162-F:21-c Funding Assurance. – Funding assurances shall be sufficient to fully fund the projected cost of decommissioning the facility by the funding date, including in the event of a premature permanent cessation of operation. The committee shall determine the adequacy of the method or methods, and the level of each owner’s funding assurance. The […]

Section 162-F:22 – Changes to the Fund; Payment Schedule; Funding Assurance.

    162-F:22 Changes to the Fund; Payment Schedule; Funding Assurance. – I. Every 4 years the committee shall meet to review the fund and may increase or decrease the projected cost of decommissioning the facility and the schedule of payments into the fund. Reasons for increasing or decreasing the projected cost of decommissioning and schedule […]

Section 162-F:23 – Use of Fund.

    162-F:23 Use of Fund. – I. Expenditures from the fund shall be limited to decommissioning of the facility for which the fund was established. The committee shall review all expenditures from such fund during actual decommissioning to confirm that utilization of the fund is in accordance with the requirements of the committee and the […]

Section 162-F:24 – Enforcement.

    162-F:24 Enforcement. – The superior court may enjoin any act in violation of a determination of a nuclear decommissioning financing committee, or it may require the owner or owners to comply with any determination or order of such committee. Failure by an owner to make the payments or maintain the funding assurance required by […]

Section 162-F:25 – Penalty.

    162-F:25 Penalty. – Any person who willfully violates any order or determination of a committee shall be guilty of a felony. Source. 1981, 109:2. 2001, 193:12, eff. Sept. 3, 2001.

Section 162-F:26 – Appeal.

    162-F:26 Appeal. – Any person who is aggrieved by an order or a decision of a nuclear decommissioning financing committee may appeal under RSA 541. Source. 1981, 109:2, eff. May 4, 1981.