Section 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 Nuclear Regulatory Commission, and that the state and federal tax status of the fund is maintained.
II. Prior to withdrawal of moneys from the fund for decommissioning activities, the committee shall be provided with, and must approve, a summary of decommissioning actions to be taken, including the schedule for taking such actions. Fund withdrawals other than those allowed by the Nuclear Regulatory Commission may be used only for expenses associated with legitimate decommissioning activities, consistent with the definition of decommissioning in RSA 162-F:14, II, and may not inhibit the ability to complete funding of all required decommissioning activities. There shall be no decommissioning activities performed that foreclose release of the site for possible unrestricted use, result in significant unreviewed environmental impacts, or result in there no longer being reasonable assurance that adequate funds will be available for decommissioning. If perpetual, continual control or surveillance of a facility is necessary, the fund shall be maintained at a level sufficient to yield income to maintain such control or surveillance.
III. Any fund amount remaining after completion of decommissioning as determined by the committee and after the date of license termination by the Nuclear Regulatory Commission, in excess of the customer contribution as accounted for in RSA 162-F:21-b, II(c), shall be returned to the owner or owners of the facility.
Source. 1981, 109:2. 2001, 193:11, eff. Sept. 3, 2001.