66-128l. Nuclear power generating facilities; decommissioning; definitions.
66-128l
66-128l. Nuclear power generatingfacilities; decommissioning; definitions.As used in this act:
(a) "Commission" means the state corporation commission.
(b) "Closing" means the time at which a nuclear power generatingfacility ceases to generate electricity and is retired from active service.
(c) "Decommissioning" means the series of activities undertaken beginningat the time of closing of a nuclear power generating facility to ensurethat the final disposition of the site or any radioactive components ormaterial, but not including spent fuel, associated with the facility isaccomplished safely, in compliance with all applicable state and federallaws. Decommissioning includes activities undertaken to prepare such afacility for final disposition, to monitor and maintain it after closingand to effect final disposition of any radioactive components of the facility.
(d) "Decommissioning costs" means: (1) All reasonable costs and expensesof removing a nuclear power generating facility from service, including,without limitation, dismantling, mothballing, removing radioactive wastematerial, except spent fuel, to temporary or permanent storage sites,decontaminating, restoring and supervising the site and any costs andexpenses incurred in connection with proceedings before governmentalregulatory authorities relating to the authorization to decommission thefacility; (2) all costs of labor and services performed or rendered inconnection with the decommissioning of the facility and all costs ofmaterials, supplies, machinery, construction equipment and apparatusacquired for or in connection with the decommissioning of the facility. Anyamount, exclusive of proceeds of insurance, realized by a licensee assalvage on or resale of any machinery, construction equipment andapparatus, the costs of which was charged as a decommissioning cost, shallbe treated as a deduction from the amounts otherwise payable on account ofthe cost of decommissioning of the facility; and (3) all overhead costsapplicable to the facility during the decommissioning period, including,but not limited to, taxes, other than taxes on or in respect of income,licenses, excises and assessments, casualties, surety bond premiums andinsurance premiums. All moneys expended or to be paid with respect todecommissioning a facility shall constitute part of the decommissioningcosts if they are, or when paid will be, either properly chargeable to anyaccount related to decommissioning of a facility in accordance with thesystems of accounts then applicable to the licensee, or properly chargeableto decommissioning of a facility in accordance with then applicableregulations of the United States nuclear regulatory commission, the federalenergy regulatory commission or any other regulatory agency having jurisdiction.
(e) "Licensee" means (1) the holder of the construction or operatingpermit from the United States nuclear regulatory commission for a nuclearpower generating facility located in the state, if there is only one holderof such a permit or (2) if there are two or more holders of such a permit,those holders which are primarily responsible for the construction oroperation of the facility.
(f) "Owner" means any electric utility which owns any portion of anuclear power generating facility whether directly or through ownership ofstock in a company which owns any portion of such a facility.
(g) "Electric utility" means every public utility, as defined by K.S.A.66-104, and amendments thereto, which owns, controls, operates or managesany equipment, plant or generating machinery for the production, transmission, deliveryor furnishing, of electricity or electric power.
(h) "Premature closing" means the closing of a nuclear power generatingfacility before the projected date of decommissioning as projected in thedecommissioning financing plan prepared under K.S.A. 66-128m.
History: L. 1985, ch. 225, § 55; July 1.