STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
66-128p. Same; funding of decommissioning; state has no financial responsibility.
66-128p
66-128p. Same; funding of decommissioning; state has no financial responsibility.(a) If the funds allocated for decommissioning areinsufficient to pay for decommissioning costs, the licensee shall first beresponsible for the additional cost if it is the only holder of anoperating permit from the United States Nuclear Regulatory Commission withrespect to the facility.
(b) If the assets of such a licensee are insufficient to cover theremaining cost of decommissioning after such funds are exhausted, or ifthere are two or more holders of an operating permit from the United StatesNuclear Regulatory Commission with respect to the facility, the ownersshall be liable for the safe and proper decommissioning of the nuclearpower generating facility in accordance with their respective ownershipshares in the facility. If, under this subsection, any in-state owner paysdecommissioning costs in excess of its ownership share in the facility,that owner shall have a cause of action to recover that excess from theother owners. The attorney general shall assist in bringing such an action.
(c) The state shall have no financial responsibility fordecommissioning. If the governor finds that, because of inadequate actionby the responsible parties in carrying out decommissioning, protectiveaction is reasonably required to protect the public health and safety, thestate may undertake that action. In that case, the attorney general shallbring action against the licensee and the owners to recover the cost ofthat protective action. If the state pays for any decommissioning costs asa result of an owner paying less than its share of a facility'sdecommissioning costs, the attorney general shall bring an action againstsuch owner to recover any such costs paid by the state.
(d) The commission shall include alldecommissioning funding requirements of an electric utility,which are approved by the commission under K.S.A. 66-128n and 66-128o, inthe revenue requirements of the utility.
History: L. 1985, ch. 225, § 59; July 1.