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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.
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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]