KANSAS STATUTES AND CODES

66-128n. Nuclear power generating facilities; decommissioning financing plan; hearings; approval or rejection of plan.

66-128n

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

66-128n. Nuclear power generating facilities; decommissioningfinancing plan; hearings; approval or rejection of plan.(a) The state corporation commission shall hold apublic hearing in accordance with the provisions of the Kansasadministrative procedure act on each proposed decommissioning financing plan submittedunder K.S.A. 66-128m and amendments thereto. The commission may hold such hearing inconjunction with rate proceedings filed by an owner of the facility.

(b) The commission shall approve such a plan if it finds that thelicensee has provided reasonable assurances that: (1) The estimated time ofclosing of the nuclear power generating facility and the estimated cost ofdecommissioning are reasonable; (2) the licensee and the owners of thefacility can adequately fund the decommissioning; (3) the share of theestimated cost of decommissioning for each owner of the facility isreasonable; (4) the plans and options for insuring against or otherwisefinancing any shortfall in decommissioning funds resulting from a prematureclosing are adequate and reasonable; (5) the owners are legally bound toaccept their respective shares of the ultimate financial responsibility fordecommissioning as provided under K.S.A. 66-128p and amendmentsthereto; and (6) the planwill periodically be reviewed and revised to reflect more closely the costsand available techniques for decommissioning. This update shall occur atleast every five years.

(c) If the commission finds that the decommissioning plan does not meetthe criteria under subsection (b), it shall reject the planand order that it be modified as the commission deems necessary to meet such criteria.

History: L. 1985, ch. 225, § 57;L. 1988, ch. 356, § 229; July 1, 1989.