Sec. 16-19q. Decommissioning costs. Liability.
Sec. 16-19q. Decommissioning costs. Liability. (a) If the funds allocated for decommissioning are insufficient to pay for decommissioning costs, the licensee shall first
be responsible for the additional cost if it is the only holder of an operating permit from
the United States Nuclear Regulatory Commission with respect to the facility.
(b) If the assets of such a licensee are insufficient to cover the remaining cost of
decommissioning after such funds are exhausted, or if there are two or more holders of
an operating permit from the United States Nuclear Regulatory Commission with respect
to the facility, the owners shall be liable for the safe and proper decommissioning of
the nuclear power generating facility in accordance with their respective ownership
shares in the facility. If, under this subsection, any in-state owner pays decommissioning
costs in excess of its ownership share in the facility, that owner shall have a cause of
action to recover that excess from the other owners. The Attorney General shall assist
in bringing such an action.
(c) The state shall have no financial responsibility for decommissioning. If the Governor finds that, because of inadequate action by the responsible parties in carrying out
decommissioning, protective action is reasonably required to protect the public health
and safety, the state may undertake that action. In that case, the Attorney General shall
bring action against the licensee and the owners to recover the cost of that protective
action. If the state pays for any decommissioning costs as a result of an owner paying
less than its share of a facility's decommissioning costs, the Attorney General shall
bring an action against such owner to recover any such costs paid by the state.
(P.A. 83-343, S. 5; P.A. 98-28, S. 56, 117.)
History: P.A. 98-28 deleted Subsec. (d) concerning inclusion of decommissioning costs in rates, effective January
1, 2000.