§ 6522. Public Utility Commission review of proposals for new storage facilities for spent nuclear fuel

(a) Neither the owners of Vermont Yankee nor their successors and assigns shall commence construction or establishment of any new storage facility for spent nuclear fuel before receiving a certificate of public good from the Public Utility Commission pursuant to 30 V.S.A. § 248. Standards generally applicable to substantial modification of facilities with certificates of public good under 30 V.S.A. § 248 shall apply to any future alterations of any permitted facility.

(b) In addition to all other applicable criteria of 30 V.S.A. § 248, before granting a certificate of public good for a new or altered spent nuclear fuel facility, the Public Utility Commission shall find that:

(1) Adequate financial assurance exists for the management of spent fuel at Vermont Yankee for a time period reasonably expected to be necessary, including through decommissioning, and for as long as it is located in the State.

(2) The applicant has made commitments to remove all spent fuel from Vermont to a federally certified long-term storage facility in a timely manner, consistent with applicable federal standards.

(3) The applicant has developed and will implement a spent fuel management plan that will facilitate the eventual removal of those wastes in an efficient manner.

(4) The applicant is in substantial compliance with any memoranda of understanding entered between the State and the applicant.

(c) In addition, the following limiting conditions shall apply:

(1) Any certificate of public good issued by the Commission shall permit storage only of spent fuel that is derived from the operation of Vermont Yankee, and not from any other source.

(2) Any certificate of public good issued by the  Commission shall limit the cumulative total amount of spent fuel stored at Vermont Yankee to the amount derived from the operation of the facility up to, but not beyond, March 21, 2012, the end of the current operating license. Authorized capacity may include on-site storage capacity to accommodate full core offload or any order or requirement of the Nuclear Regulatory Commission with respect to the fuel derived from these operations.

(3) The requirement to obtain a certificate of public good from the Commission for this purpose applies to Vermont Yankee, regardless of who owns the facility, and the conditions of the certificate of public good and the requirements of this subchapter will apply to any future owner.

(4) Compliance with the provisions of this subchapter shall constitute compliance with the provisions of this chapter that require that approval be obtained from the General Assembly before construction or establishment of a facility for the deposit or storage of spent nuclear fuel, but only to the extent specified in this subchapter or authorized under this subchapter. The Public  Utility Commission is authorized to hear and issue a certificate of public good for such a facility under 30 V.S.A. § 248, to the extent specified or authorized in this subchapter. Other agencies of the State also may receive and act on applications related to the construction or establishment of such a facility, provided that any approval for such a facility applies only to the extent specified or authorized in this subchapter. Storage of spent fuel derived from the operation of Vermont Yankee after March 21, 2012 shall require the approval of the General Assembly under this chapter.

(5) Compliance with the provisions of this subchapter shall not confer any expectation or entitlement to continued operation of Vermont Yankee following the expiration of its current operating license on March 21, 2012. Before the owners of the generation facility may operate the generation facility beyond that date, they must first obtain a certificate of public good from the Public Utility Commission under Title 30. (Added 2005, No. 74, § 2)