LRB-2941/2
MDK:wlj:rs
2011 - 2012 LEGISLATURE
October 5, 2011 - Introduced by Senator Lasee, cosponsored by Representatives
Bies and Endsley. Referred to Committee on Natural Resources and
Environment.
SB216,1,3 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 or other person 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 or other person
to pay a municipality $250,000 for each year or portion of the year the public utility
or person uses dry cask storage to store spent fuel in the municipality. Also, the
public utility or person must pay a county $150,000 for each year or portion of a year
that the public utility or person uses dry cask storage to store spent fuel in the county.
In addition, a public utility or person must pay a municipality $5,000 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:
SB216, s. 1 1Section 1. 196.491 (3) (d) (intro.) of the statutes is amended to read:
SB216,2,52 196.491 (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:
SB216, s. 2 6Section 2. 196.493 (title) of the statutes is amended to read:
SB216,2,7 7196.493 (title) Construction of nuclear Nuclear power plants limited.
SB216, s. 3 8Section 3. 196.493 (3) of the statutes is created to read:
SB216,2,119 196.493 (3) Spent fuel storage. (a) A public utility or other person that stores
10spent fuel from a nuclear power plant and uses dry cask storage for the spent fuel
11shall do all of the following:
SB216,2,1612 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 $5,000, 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.
SB216,2,1917 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.
SB216,3,2
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.
SB216,3,33 (End)
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