The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 157: Storage of Radioactive Material

• Subchapter 001: RADIOACTIVE WASTE FACILITY SITING

• § 6501. Storage of radioactive material

  (a) No facility for deposit, storage, reprocessing, or disposal of spent nuclear fuel elements or radioactive waste material shall be constructed or established in the State of Vermont unless the General Assembly first finds that it promotes the general good of the State and approves, through either bill or joint resolution, a petition for approval of the facility. No facility for the incineration of low-level radioactive waste, as defined in subdivision 7001(7) of this title, shall be constructed or established without a similar finding and approval.

  (b) The construction or establishment after July 1, 1980 of a low-level, temporary storage facility is exempted from subsection (a) of this section. For the purposes of this subsection, the term “low-level, temporary storage” means storage of material:

  (1) that is produced by research, educational, industrial, or medical uses not involving a fission reactor; and

  (2) that has an overall radioactivity level, before any dilution, of less than one curie per cubic foot; and

  (3) that either:

  (A) is awaiting transfer to a commercial disposal site; or

  (B) is of a material that spontaneously decreases its radioactivity level by one-half in 90 days or less. (Added 1977, No. 77, § 1, eff. April 26, 1977; amended 1979, No. 191 (Adj. Sess.), § 1; 1989, No. 296 (Adj. Sess.), § 8, eff. June 29, 1990.)

• § 6502. Petition procedure

  (a) A petition for approval by the General Assembly of a facility under section 6501 of this title shall be submitted to the Speaker of the House and the President of the Senate. The petition shall be referred forthwith to the Joint Energy Committee.

  (b) The Committee shall hold a public hearing on each petition for approval. Notice of the public hearing shall be published two weeks successively in a newspaper of general circulation in the county in which the proposed facility is to be located, the last publication to be at least 12 days before the day appointed for the hearing. Any agency or person may submit recommendations relating to the proposed facility to the Committee. The Committee shall be authorized to examine all records and information relevant to the petition in the possession of the petitioner or any State agency.

  (c) Upon receipt of the petition, notice shall be given by the Committee to the Chair of the Public Utility Commission, the Commissioner of Health, the Secretary of Natural Resources, and the Attorney General. Each public official so notified shall, prior to the public hearing under subsection (b) of this section, submit to the Committee his or her agency’s evaluation of the impact of the facility on the State and any other information deemed relevant to the petition.

  (d) Notice, by certified mail, shall be given to the chair or director of the municipal and regional planning commissions and the selectboard for each town in which the proposed facility is to be located and each contiguous town not less than 30 days prior to the public hearing under subsection (b) of this section. (Added 1977, No. 77, § 1, eff. April 26, 1977; amended 1979, No. 191 (Adj. Sess.), § 2; 1987, No. 76, § 18; 2013, No. 161 (Adj. Sess.), § 72.)

• § 6503. Legislative approval

  (a) The Committee shall report to the General Assembly its recommendation to approve or not to approve the petition for the facility together with such additional information and comment it deems appropriate.

  (b) Any bill or joint resolution approving a facility under section 6501 of this title shall include findings that the proposed facility:

  (1) will promote the general welfare and will not have an undue adverse effect on health, safety, aesthetics, historic sites, air and water purity, the natural environment, and the economy; and

  (2) will not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions and the municipal legislative bodies.

  (c) Unless the proposed facility is approved by the General Assembly, no State officer, agency, or department shall undertake to approve or license the proposed facility or undertake to cause or obtain the approval or licensing from any other state or federal governmental agency or board. The appropriate State officers and agencies shall use every proper and available legal means to prevent siting and licensing of such facility until the approval of the General Assembly is obtained.

  (d) No temporary storage facility that is a part of a nuclear fission plant approved by the General Assembly pursuant to 30 V.S.A. § 248(e) shall be required to obtain the additional approval required by this section. (Added 1977, No. 77, § 1, eff. April 26, 1977; amended 2013, No. 142 (Adj. Sess.), § 23; 2015, No. 131 (Adj. Sess.), § 22.)

• § 6504. Repealed. 1979, No. 191 (Adj. Sess.), § 5.

• § 6505. Exemption

  This subchapter does not apply to any temporary storage by Vermont Yankee Nuclear Power Corporation of spent nuclear fuel elements or other radioactive waste at its present site. (Added 1979, No. 191 (Adj. Sess.), § 3; amended 1985, No. 195 (Adj. Sess.), § 3, eff. May 14, 1986.)

• § 6506. Definitions

  As used in this chapter, “radioactive waste” means waste material:

  (1) technologically enhanced for the purpose of increasing the concentration of radioactive elements; or

  (2) contaminated with such technologically enhanced material to a radioactive level above background. (Added 1979, No. 191 (Adj. Sess.), § 4.)

• § 6507. Scope of State regulation of radioactive materials and waste

  (a) This section applies to:

  (1) waste or material, generated within the United States, with respect to which all of the following apply:

  (A) it is radioactive waste or radioactive materials classified as radioactive waste by the U.S. Nuclear Regulatory Commission (NRC) as of January 1, 1989;

  (B)(i) it is radioactive waste or radioactive materials that were not eligible and approved for special disposal provisions under the NRC regulations in effect as of January 1, 1989; or

  (ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under NRC regulations in effect as of January 1, 1989, even though the determination is made after that date; and

  (C) it was generated or utilized by any government agency or pursuant to a government contract or license;

  (2) waste or material generated outside the United States with respect to which all of the following apply:

  (A) it is radioactive waste or radioactive materials that would have been classified as radioactive waste or radioactive materials by the NRC as of January 1, 1989, if it had been generated within the United States;

  (B)(i) it is radioactive waste or radioactive materials that would not have been eligible and approved for special disposal provisions under NRC regulations in effect as of January 1, 1989, if it had been generated within the United States; or

  (ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under those regulations in effect as of January 1, 1989, had it been generated within the United States, even though the determination is made after that date.

  (b) Waste or materials covered by subsection (a) of this section shall not be treated, recycled, stored, or disposed of except at a facility with a specific license, whether or not that radioactive waste or those materials, since January 1, 1989, have been deregulated or declared exempt from regulatory control by the NRC or other federal agencies. (Added 1989, No. 242 (Adj. Sess.), § 1.)

• §§ 6508, 6509. [Reserved for future use.]

• §§ 6510-6512. Repealed. 1989, No. 296 (Adj. Sess.), § 4, eff. June 29, 1990.

• Subchapter 002: DRY CASK STORAGE AUTHORIZATION OF 2005

• § 6521. Findings

  The General Assembly finds:

  (1) The Vermont Yankee nuclear power station (Vermont Yankee) in Vernon provides a very large fraction of the State’s power supply and is by far the largest power plant operating in the State.

  (2) Whether the plant runs to the end of its current license, is relicensed by the federal government, or is required to shut down on short notice, that large fraction of the State’s supply will need to be replaced.

  (3) The State’s future power supply should be diverse, reliable, economically sound, and environmentally sustainable.

  (4) In order to make a smooth transition to the future, the State needs to accelerate Vermont’s investment in electricity resources that are economically and environmentally sound and that can be acquired in modest increments.

  (5) In making this transition, there is a great value in investing in renewable energy sources; efficient, combined heat and power facilities; and energy efficiency.

  (6) In support of these objectives, the General Assembly and Public Service Board have:

  (A) Created the Statewide Energy Efficiency Fund and authorized significant ratepayer charges to support cost-effective investments in end-use energy efficiency resources.

  (B) Provided significant support for renewable resources through the creation of a statewide purchasing pool with long-term contracts for qualifying facilities, and a renewable portfolio standard, and are creating a related program to accelerate investments in new renewable and combined-heat and power projects.

  (C) Assured that these resources are supported financially by Vermont’s utilities and ratepayers, including the former owners of Vermont Yankee.

  (7) In addition to these existing mechanisms, there is a need for a Clean Energy Development Fund to support investment in clean energy resources in order to permit adequate power supply diversity. (Added 2005, No. 74, § 2.)

• § 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.)

• §§ 6523, 6524. Recodified. 2011, No. 47, § 20m. [Repealed]