66-128h. Nuclear fission electric generating facilities with excess capacity; presumption certain costs excluded when finding of no "technology or means for disposal of high-level nuclear waste" as de - Kansas Statutes

66-128h

Chapter 66.--PUBLIC UTILITIES Article 1.--POWERS OF STATE CORPORATION COMMISSION

      66-128h.   Nuclear fission electric generating facilities with excesscapacity; presumption certain costs excluded when finding of no "technologyor means for disposal of high-level nuclear waste" as defined in section.(a) If any portion of an electric generating facility isdetermined to be excess capacity and if the facility is a nuclear fissionpower plant, the state corporation commission shall determine whether therehas been approved by the United States government through its authorizedagency, a proven technology or means for the disposal of high-level nuclearwaste which is available for use at or by the plant.

      If the commission finds that no such technology for disposal exists, itshall be presumed that the costs of acquisition, construction or operationof the facility were incurred due to a lack of prudence and the commissionshall not include such costs in the reasonable value of the public utility property.

      (b)   When used in this section, "technology or means for the disposal ofhigh-level nuclear waste" means temporary on-site storage of high-levelnuclear waste or an approved process for the retrieval of such waste.

      History:   L. 1984, ch. 247, § 9; April 19.