Michigan law authorizes the state to monitor the environment for radiation emissions around the nuclear plants that affect Michigan. The nuclear utilities are required to reimburse the state for the actual costs of conducting environmental monitoring around their sites. In fiscal year 2018, the state of Michigan billed the three affected utilities a total of $1,527,550 to support state environmental radiation monitoring and radiological emergency preparedness activities.
Minnesota:
Minnesota law authorizes independent state monitoring for radiation emissions around interim spent (reactor) fuel storage installations (ISFSI). There are two nuclear plants in Minnesota with an ISFSI. The state assesses the owner of each nuclear plant an annual fee of $35,000 to support monitoring activities around the ISFSI sites.
Summary of factual data and analytical methodologies
The Department has projected revenue and expenditures for environmental monitoring for state fiscal year 2018 to 2032. Projections are based on fiscal year 2018 actual fiscal data. Projections indicate an environmental monitoring program deficit of ($18,642) in fiscal year 2018 with a further deficit of ($35,016) in SFY 19. The projections also indicate that a fee increase to $128,000 for operational plants and $70,000 for shutdown plants will ensure adequate program funding thru at least fiscal year 2032.
Analysis and supporting documents used to determine effect on small business
The utilities with nuclear power plants located in Wisconsin are not small businesses.
Effect on small business
These proposed rule changes will not affect small business.
Agency contact person
Statement on quality of agency data
The data used by the Department to prepare these proposed rules and analysis comply with s. 227.14 (2m), Wis. Stats. Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. ch. DHS 158 is repealed and recreated to read:
FEE FOR MONITORING RADIATION EMISSIONS
IN THE VICINITY OF NUCLEAR POWER PLANTS
DHS 158.01 Authority and purpose. This chapter is promulgated under the authority of s. 254.41. Stats., for the purpose of implementing a radiation monitoring program to test for radiation emission in any area of the state within 20 miles of a nuclear power plant and for establishing an annual fee for monitoring. DHS 158.02 Applicability. This chapter applies to the owners of nuclear power plants that are located in Wisconsin.
DHS 158.03 Definitions. In this chapter:
(a) “Decommissioned facility” means a nuclear power plant which has been retired from service by following a Nuclear Regulatory Commission (NRC) approved process to reduce residual radioactivity so that the site can be safely released for other use other than the continuing use of an independent spent fuel storage installation at or near the facility.
(b) “Decommissioning nuclear power plant” means a facility licensed by the NRC that has ceased operation and is in the process of safely closing to retire it from service. Decommissioning begins after the nuclear fuel, coolant and radioactive waste are removed from the reactor.
(c) “Department” means the Wisconsin department of health services.
(d) “Nuclear power plant” means a facility licensed by the Nuclear Regulatory Commission that utilizes or utilized a nuclear power reactor to generate electricity, and includes an operating nuclear power plant and a decommissioning nuclear power plant, but excludes a decommissioned facility.
(e) “Operating nuclear power plant” means a facility licensed by the NRC that utilizes a nuclear power reactor to make electricity by the continuous splitting of atoms. An operating nuclear power plant may shut down temporarily for refueling or maintenance activities.
(f) “Radiation monitoring” means the determination of the amount of radioactive materials present in the environment, including ambient radiation levels, by laboratory analysis of selected samples of fish, food, milk, air, water, vegetation, soil and ambient radiation readings taken from the area around a nuclear power plant.
(g) “State fiscal year” means the 12-month period beginning July 1.
DHS 158.04 Fee. Beginning with the state fiscal year 2019-20, the annual fee charged to the owner of an operating or decommissioning nuclear power plant that is located in the state shall be as follows:
Category Annual Fee
Operating $128,000
Decommissioning $70,000
The annual fee is payable within 30 days after receipt of a statement. The fee may be increased each year at the annual rate of inflation as determined by movement in the consumer price index for all urban consumers (CPI-U), published each month in the CPI Detailed Report by the U.S. department of labor’s bureau of labor statistics.
SECTION 2. EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in § 227.22 (2), Wis. Stats.
