Sec. A-1. 35-A MRSA c. 43, sub-c. 2, as amended, is repealed.
Sec. A-2. 35-A MRSA c. 43, sub-c. 6 is enacted to read:
SUBCHAPTER 6
POST-DECOMMISSIONING OVERSIGHT FEES
Any licensee operating an interim spent fuel storage facility in this State shall pay a fixed annual fee to cover all present and reasonably foreseeable future state fees, costs and assessments with respect to the licensee, including, but not limited to: the costs of any commission investigation; the commission's participation in wholesale rate proceedings; safety, radiation and environmental monitoring; and security oversight-related costs. This annual fee consolidates the various fees and assessments imposed by the State on the licensee. The amount of the fixed payment is as follows:
1. September 1, 2005 to December 31, 2005. September 1, 2005 to December 31, 2005, $90,000;
2. Calendar years 2006 and 2007. Calendar years 2006 and 2007, $360,000 per year;
3. Calendar year 2008. Calendar year 2008, $296,667; and
4. Calendar years 2009 to 12th month. Calendar years 2009 to the 12th month of the year following the year the spent nuclear fuel is removed from the site, $170,000 per year.
The fees paid under this section are independent of and in addition to any compliance costs incurred either by the licensee or by any contractor hired by the Department of Environmental Protection to oversee, monitor or implement measures necessary to ensure compliance pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended.
§4396. Interim Spent Fuel Storage Facility Oversight Fund
The Interim Spent Fuel Storage Facility Oversight Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the Office of the Public Advocate. All fees paid under this subchapter are collected by the Public Advocate for deposit in the fund. The Public Advocate shall oversee the fund and may disburse amounts in the fund to agencies or to other appropriate state funds in order to pay or contribute to the payment of costs incurred by agencies with respect to federal or state proceedings; safety, radiation and environmental monitoring; and security or other oversight-related activities related to the decommissioning of a nuclear power plant or the development or operation of an interim spent fuel storage facility in this State. The Public Advocate shall keep an annual accounting of all funds received by the fund and all disbursements from the fund and shall make a report of this accounting to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by the first Monday in February of each year.
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