Section 125-G:16 Agreements With the Federal Department of Energy.
I. The office of energy and planning shall negotiate separate agreements with the federal Department of Energy concerning different stages of the process of evaluating and selecting a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste. The office shall negotiate a separate agreement with the federal Department of Energy for the final stages of the selection of any site for the long-term or temporary storage or permanent disposal of high-level radioactive waste. Such agreements shall be in addition to the Consultation and Cooperation Agreement required by Public Law 97-425, section 117.
II. Any agreement negotiated by the office with the federal Department of Energy under RSA 125-G:15 shall include, but not be limited to:
(a) A general description of the roles of the state and the federal Department of Energy in the execution of the agreement.
(b) A compliance schedule which includes a list of significant events and stages which are expected to be reached as the federal Department of Energy assesses the suitability of the area or site for the long-term or temporary storage or permanent disposal of high-level radioactive waste and a description of the actions to be taken by the federal Department of Energy and the state at each event and stage.
(c) The criteria that the federal Department of Energy shall use in evaluating the suitability of any area or site in the state for the long-term or temporary storage or permanent disposal of high-level radioactive waste.
(d) A requirement that the federal Department of Energy shall comply with all federal laws, state laws and local ordinances and shall respect state sovereignty consistent with the United States Constitution and the Tenth Amendment to the United States Constitution, regardless of the ownership of the land on which the activity takes place.
(e) A requirement that the federal Department of Energy and any of its contractors or subcontractors shall provide the office with all reports and documents the office requests and any other relevant reports and documents in a timely manner and in accordance with any applicable law, regulation, or rule. The requirement shall specify that the federal Department of Energy shall not charge a fee for searching for or for supplying reports and documents requested by the office. The requirement shall specify that the federal Department of Energy shall provide the office with all reports and documents from contractors and subcontractors after the reports and documents are submitted to the federal Department of Energy, regardless of whether the reports and documents have received the final approval of the Department of Energy.
(f) A requirement that, upon request by the office, the federal Department of Energy shall provide the date, methods and underlying assumptions used in the preparation of reports and documents in accordance with any applicable law, regulation, or rule.
(g) A requirement that the federal Department of Energy shall notify the office of any grants related to the long-term or temporary storage or permanent disposal of high-level radioactive waste from the federal Department of Energy to any person in this state.
(h) A requirement that the federal Department of Energy shall notify the office in a timely manner of any proposed field work, on-site evaluation, on-site testing, or similar activities it or any contractor or subcontractor intends to conduct and a requirement that the Department of Energy shall allow the office to monitor these activities by any appropriate means.
(i) A requirement that the federal Department of Energy shall provide the office in a timely manner with a copy of any requests for proposals and final contracts issued by the Department of Energy relating to the evaluation, selection, or construction of a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste in this state.
(j) A provision that the federal Department of Energy shall agree to provide funds to be used to provide educational programs as set forth in RSA 125-G:9 and to review the activities of the Department of Energy and its contractors and subcontractors which relate to assessing the suitability of the site for the long-term or temporary storage or permanent disposal of high-level waste.
(k) A process for resolving disputes between the office and the federal Department of Energy, including disputes concerning alleged violations of the written agreement and disputes concerning technical assessments made by the Department of Energy. The process for resolving disputes concerning technical assessments made by the federal Department of Energy may involve a process of scientific review and mediation by an impartial and independent person.
(l) A requirement that the federal Department of Energy and the office shall identify impacts, including, but not limited to, economic impacts associated with studies related to the characterization of an area or site for its potential as a repository or the impacts associated with the development of a site as a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste and that the Department of Energy will provide a mechanism to mitigate those impacts.
(m) A requirement that if the federal Department of Energy selects a site in the state for construction of a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste, the Department of Energy shall prepare, prior to submission of an application to license or construct the repository, a repository plan which shall include descriptions of the Department of Energy's plans for construction of the repository, transportation of wastes to the repository, operation of the repository, closing of the repository, and post-closure activities, including monitoring of the repository. The plan shall also include a description of methods of acquiring lands for the construction of a repository including any plans for the exercise of the power of eminent domain.
(n) A requirement that the location of any site for the long-term or temporary storage or permanent disposal of high-level radioactive waste shall not be in a densely populated area.
(o) A requirement that the federal Department of Energy shall develop in cooperation with state and local officials an emergency response plan which includes a federal commitment to train and equip appropriate state and local entities and maintain state and local emergency response capabilities through closure of the repository.
III. Any agreement negotiated by the office with the federal Department of Energy under RSA 125-G:15 shall include a list of reasons for which the office may object to the selection of a site within this state for the long-term temporary storage or permanent disposal of high-level radioactive waste. These reasons shall include, but not be limited to, the following:
(a) The site or the transportation of waste to the site poses a danger to public health and safety or to the environment.
(b) The federal Department of Energy fails to address to the satisfaction of the office the potential socioeconomic effects of the site or of the transportation of waste to the site.
(c) The federal Department of Energy is violating or has violated a written agreement or revision approved under RSA 125-G:14.
(d) In the judgment of the office, the federal Department of Energy fails to comply with criteria, regulations, or standards of other federal agencies concerning the long-term or temporary storage or permanent disposal of high-level radioactive waste, including criteria which excludes a proposed site from consideration because of previous mining or drilling of any type within the area which could be affected by the construction of the site or by the heat resulting from the long-term or temporary storage or permanent disposal of high-level radioactive waste at the site.
(e) In the judgment of the office, the federal Department of Energy fails to use generally accepted scientific and technical practices in evaluating the suitability of a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste.
IV. Any agreement negotiated by the office with the federal Department of Energy which does not comply with the requirements or standards prescribed in this section shall be void and of no effect.
Source. 1986, 176:1. 2003, 319:9. 2004, 257:44, eff. July 1, 2004.