The Vermont Statutes Online

Title 18: Health

Chapter 034: Nuclear Decommissioning Citizens Advisory Panel

• § 1700. Creation; membership; officers; quorum [Repealed effective January 1, 2030]

  (a) There is created the Nuclear Decommissioning Citizens Advisory Panel that shall consist of the following:

  (1) The Secretary of Human Services, ex officio, or designee.

  (2) The Secretary of Natural Resources, ex officio, or designee.

  (3) The Commissioner of Public Service, ex officio, or designee.

  (4) The Secretary of Commerce and Community Development, ex officio, or designee.

  (5) One member of the House Committee on Environment and Energy, chosen by the Speaker of the House.

  (6) One member of the Senate Committee on Natural Resources and Energy, chosen by the Committee on Committees.

  (7) One representative of the Windham Regional Commission or designee, selected by the Regional Commission.

  (8) Two representatives of the Town of Vernon or designees, selected by the legislative body of that town.

  (9) Six members of the public, two each selected by the Governor, the Speaker of the House, and the President Pro Tempore of the Senate. Under this subdivision, each appointing authority initially shall appoint a member for a three-year term and a member for a four-year term. Subsequent appointments under this subdivision shall be for terms of four years.

  (10) Two representatives of the owners of the Vermont Yankee site.

  (11) One optional member who will represent collectively the Towns of Chesterfield, Hinsdale, Richmond, Swanzey, and Winchester, New Hampshire, when selected by the Governor of New Hampshire at the invitation of the Commissioner of Public Service.

  (12) One optional member who will represent collectively the Towns of Bernardston, Colrain, Gill, Greenfield, Leyden, Northfield, and Warwick, Massachusetts, when selected by the Governor of Massachusetts at the invitation of the Commissioner of Public Service.

  (b) Ex officio members shall serve for the duration of their time in office or until a successor has been appointed. Members of the General Assembly shall be appointed for two years or until their successors are appointed, beginning on or before January 15 in the first year of the biennium. Representatives designated by ex officio members shall serve at the direction of the designating authority.

  (c) The Commissioner of Public Service shall serve as the Chair until the Panel elects a chair or co-chairs under subsection (d) of this section.

  (d) The Panel annually shall elect a chair or co-chairs, and a vice chair, for one-year terms commencing with its first meeting following the effective date of this section.

  (e) A majority of the Panel’s members shall constitute a quorum. The Panel shall act only by vote of a majority of its entire membership and only at meetings called by the Chair or Co-Chair or by any five of the members. The person or persons calling the meeting shall provide adequate notice to all its members.

  (f) Members of the panel who are not ex officio members, employees of the State of Vermont, representatives of the owners of the Vermont Yankee site, or members representing towns outside Vermont, and who are not otherwise compensated or reimbursed for their attendance, shall be entitled to $50.00 per diem and their necessary and actual expenses. Funds for this purpose shall come from the monies collected under 30 V.S.A. § 22 for the purpose of maintaining the Department of Public Service. Legislative members shall not be entitled to a per diem under this section for meetings while the General Assembly is in session.

  (g) The Commissioner of Public Service shall:

  (1) manage the provision of administrative support to the Panel, including scheduling meetings and securing meeting locations, providing public notice of meetings, producing minutes of meetings, and assisting in the compilation and production of the Panel’s annual report described in section 1701 of this title;

  (2) keep the Panel informed of the status of matters within the jurisdiction of the Panel;

  (3) notify members of the Panel in a timely manner upon receipt of information relating to matters within the jurisdiction of the Panel;

  (4) upon request, provide to all members of the Panel all relevant information within the control of the Department of Public Service relating to subjects within the scope of the duties of the Panel;

  (5) provide workshops or training for Panel members as may be appropriate; and

  (6) hire experts, contract for services, and provide for materials and other reasonable and necessary expenses of the Panel as the Commissioner may consider appropriate on request of the Panel from time to time. Funds for this purpose shall come from the owners of the Vermont Yankee site as the Commissioner of Public Service may consider appropriate, not to exceed $35,000.00 annually. The obligation to support the Panel’s activities shall cease upon the submission of the application for Partial License Termination by the owners of the Vermont Yankee site to the U.S. Nuclear Regulatory Commission. On or before June 30 annually, the Commissioner of Public Service shall render to the owners of the Vermont Yankee site a statement detailing the amount of money expended or contracted for under this subdivision (6), which shall be paid within 30 days by the owners of the Vermont Yankee site into the special fund established pursuant to 30 V.S.A. § 22 for the purpose of maintaining the Department of Public Service and Public Utility Commission. The funds paid into the special fund by the owners of the Vermont Yankee site shall be paid solely to the Department. Within 30 days after receiving the statement of funds due, the owners of the Vermont Yankee site may petition the Public Utility Commission for a hearing to review and determine the necessity and reasonableness of such expenses. Following the review, the Public Utility Commission may amend or revise the cost assessments as it deems appropriate. (Added 1997, No. 147 (Adj. Sess.), § 271, eff. April 29, 1998; amended 2009, No. 135 (Adj. Sess.), § 7; 2013, No. 179 (Adj. Sess.), § E.233, eff. June 9, 2014; 2017, No. 113 (Adj. Sess.), § 63a; 2021, No. 54, § 13; 2023, No. 6, § 125, eff. July 1, 2023; repealed on January 1, 2030 by 2023 No. 53, § 132.)

• § 1701. Duties [Repealed effective January 1, 2030]

  The Panel shall serve in an advisory capacity only and shall not have authority to direct decommissioning of the Vermont Yankee site. The duties of the Panel shall be:

  (1) To hold a minimum of three public meetings each year for the purpose of discussing issues relating to the decommissioning of Vermont Yankee. The Panel may hold additional meetings.

  (2) To advise the Governor, the General Assembly, the agencies of the State, and the public on issues related to the decommissioning of Vermont Yankee, with a written report being provided annually to the Governor and to the energy committees of the General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of reports) shall not apply to this report.

  (3) To serve as a conduit for public information and education on and to encourage community involvement in matters related to the decommissioning of Vermont Yankee and to receive written reports and presentations on the decommissioning of the site at its regular meetings.

  (4) To periodically receive reports, including those required by the Public Utility Commission Docket No. 8880 Order, on the Decommissioning Trust Fund and other funds associated with decommissioning of or site restoration at Vermont Yankee, including fund balances, expenditures made, and reimbursements received.

  (5) To receive reports and presentations at regular meetings regarding the decommissioning progress and plans for Vermont Yankee, including any site assessments and post-shutdown decommissioning assessment reports; provide a forum for receiving public comment on these plans and reports; and provide comment on these plans and reports as the Panel may consider appropriate to State agencies and the owner of Vermont Yankee and in the annual report described in subdivision (2) of this subsection. (Added 1997, No. 147 (Adj. Sess.), § 271, eff. April 29, 1998; amended 2009, No. 135 (Adj. Sess.), § 8; 2013, No. 179 (Adj. Sess.), § E.233, eff. June 9, 2014; 2021, No. 54, § 14; repealed on January 1, 2030 by 2023 No. 53, § 132.)

• § 1702. Assistance [Repealed effective January 1, 2030]

  The Department of Public Service, the Agency of Human Services, and the Agency of Natural Resources shall furnish administrative support to the Panel, with assistance from the owners of the Vermont Yankee site as the Commissioner of Public Service may consider appropriate. (Added 1997, No. 147 (Adj. Sess.), § 271, eff. April 29, 1998; amended 2013, No. 179 (Adj. Sess.), § E.233, eff. June 9, 2014; 2021, No. 54, § 15; repealed on January 1, 2030 by 2023 No. 53, § 132.)