Title XII, Public Safety and Welfare

If a facility is located in more than one city or town, for the purpose of selecting a nuclear decommissioning financing committee, it shall be deemed to be located in the city or town in which the largest part of the main nuclear reactor building is located.

I. The temporary chairman of each committee formed, who shall be the commissioner of the department of energy, shall call an organizational meeting within 90 days of formation. At the organizational meeting, the committee shall select a chairman to serve for a 3-year term, elect …

The reasonable expenses of each committee and the office of the attorney general, including the services of consultants, and clerical and technical assistance, shall be a direct charge against the owner or owners of the facility.

I. A separate nuclear decommissioning financing fund, with a separate account for each owner, shall be established for each facility in the state. The committee shall determine the projected cost of decommissioning, the funding date, and the schedule of payments sufficient to ens…

I. The state treasurer shall administer each fund established under this chapter. The treasurer and the committee shall take every reasonable precaution to preserve the integrity of each non-taxable fund. Interest, dividends and other earnings of the fund shall, after deducting t…

I. Each committee shall hold at least one public hearing to receive information on funding requirements for each fund. The committee shall have the authority to subpoena witnesses and administer oaths and to compel by subpoena duces tecum the production of any accounts, books, co…

I. At the time a non-utility acquires an ownership interest in a facility, sufficient moneys shall have been paid into the fund, so that the balance of the fund for that ownership interest shall equal or exceed the minimum decommissioning funding requirements of the Nuclear Regul…

I. The public utilities commission shall permit an electric utility with a franchise territory in the state to charge its customers on a per kilowatt hour basis the amount it pays directly into the fund, as required by the committee pursuant to a schedule of payments established …

Funding assurances shall be sufficient to fully fund the projected cost of decommissioning the facility by the funding date, including in the event of a premature permanent cessation of operation. The committee shall determine the adequacy of the method or methods, and the level …

I. Every 4 years the committee shall meet to review the fund and may increase or decrease the projected cost of decommissioning the facility and the schedule of payments into the fund. Reasons for increasing or decreasing the projected cost of decommissioning and schedule of paym…

I. Expenditures from the fund shall be limited to decommissioning of the facility for which the fund was established. The committee shall review all expenditures from such fund during actual decommissioning to confirm that utilization of the fund is in accordance with the require…

The superior court may enjoin any act in violation of a determination of a nuclear decommissioning financing committee, or it may require the owner or owners to comply with any determination or order of such committee. Failure by an owner to make the payments or maintain the fund…

Any person who willfully violates any order or determination of a committee shall be guilty of a felony.

Any person who is aggrieved by an order or a decision of a nuclear decommissioning financing committee may appeal under RSA 541.

Nothing in this chapter shall limit the recovery of any decommissioning costs allowed in a stranded cost recovery charge approved pursuant to RSA 374-F by the public utilities commission in an electric restructuring agreement or compliance filing, including charges from a wholesa…