LRB-2227/2
MDK:wlj:rs
2009 - 2010 LEGISLATURE
June 8, 2009 - Introduced by Representatives Bies, Ballweg, Berceau and
Spanbauer, cosponsored by Senator A. Lasee. Referred to Committee on
Energy and Utilities.
AB309,1,3
1An Act to amend 196.491 (3) (d) (intro.) and 196.493 (title); and
to create
2196.493 (3) of the statutes;
relating to: dry cask storage of spent fuel from
3nuclear power plants and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires a public utility that uses dry cask storage to store spent fuel
from a nuclear power plant to make annual payments to the city, village, or town
(municipality), and to the county, in which the spent fuel is stored. As defined under
current law, a "nuclear power plant" is a nuclear-fired electric generating facility
with a nominal operating capacity of 100 megawatts or more. Dry cask storage is a
method of storage that the United States Nuclear Regulatory Commission allows a
nuclear power plant to use after the plant reaches its capacity for on-site storage in
water pools. The bill requires a public utility to pay a municipality $250,000 for each
year or portion of the year the public utility uses dry cask storage to store spent fuel
in the municipality. Also, the public utility must pay a county $150,000 for each year
or portion of a year that the public utility uses dry cask storage to store spent fuel
in the county.
In addition, a public utility must pay a municipality $40,000 for each dry cask
for each year or portion of a year that spent fuel is stored in a dry cask in the
municipality. Finally, the bill requires the Public Service Commission to promulgate
rules implementing the bill's requirements and adjusting the payment amounts
described above every five years to account for inflation.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB309, s. 1
1Section
1. 196.491 (3) (d) (intro.) of the statutes is amended to read:
AB309,2,52
196.491
(3) (d) (intro.) Except as provided under par. (e) and s. 196.493
(2), the
3commission shall approve an application filed under par. (a) 1. for a certificate of
4public convenience and necessity only if the commission determines all of the
5following:
AB309, s. 2
6Section
2. 196.493 (title) of the statutes is amended to read:
AB309,2,7
7196.493 (title)
Construction of nuclear Nuclear power plants limited.
AB309, s. 3
8Section
3. 196.493 (3) of the statutes is created to read:
AB309,2,119
196.493
(3) Spent fuel storage. (a) A public utility that stores spent fuel from
10a nuclear power plant and uses dry cask storage for the spent fuel shall do all of the
11following:
AB309,2,1612
1. Pay to the municipality in which the spent fuel is stored $250,000, or the
13amount specified in rules promulgated under par. (b), for each year or portion of a
14year that the spent fuel is stored and pay to the municipality $40,000, or the amount
15specified in rules promulgated under par. (b), for each dry cask for each year or
16portion of a year that the fuel is stored in a dry cask in the municipality.
AB309,2,1917
2. Pay to the county in which the spent fuel is stored $150,000, or the amount
18specified in rules promulgated under par. (b), for each year or portion of a year that
19the spent fuel is stored in the county.
AB309,3,2
1(b) The commission shall promulgate rules to implement this subsection and
2to adjust the amounts specified in par. (a) every 5 years to account for inflation.
