Amendment #770 to H4200

Creates a Nuclear Decommissioning Citizens Advisory Panel

Representatives Calter of Kingston, Cantwell of Marshfield, Cutler of Duxbury, Muratore of Plymouth and Hunt of Sandwich move to amend the bill by adding the following sections:

“Section XX. Chapter X of the general laws is hereby amended by inserting the following new section:

Section XXX. Creation; membership; officers; quorum

(a) There shall be created a Nuclear Decommissioning Citizens Advisory Panel which shall consist of the following:

(1) The Secretary of Health and Human Services, ex officio, or designee.

(2) The Secretary of Energy and Environmental Affairs, ex officio, or designee.

(3) The Commissioner of the Department of Public Utilities, ex officio, or designee.

(4) The Secretary of Housing and Economic Development, ex officio, or designee.

(4) The Attorney General of the Commonwealth, ex officio, or designee.

(5) One member of the House from the Joint Committee on Telecommunications, Utilities and Energy, chosen by the Speaker of the House.

(6) One member of the Senate from the Joint Committee on Telecommunications, Utilities and Energy, chosen by the Senate President.

(7) One representative of the Old Colony Planning Council or designee, selected by the Council.

(8) Two representatives of the Town of Plymouth or designee, selected by the Board of Selectmen of that town.

(9) Six members of the public, two each selected by the Governor, the Speaker of the House, and the President of the Senate. Under this subdivision, each appointing authority initially shall appoint a member for a three-year term and a member for a four-year term. Subsequent appointments under this subdivision shall be for terms of four years.

(10) Two representatives of the Pilgrim Nuclear Power Station (PNPS or Station) selected by the owner of the Station.

(11) A representative of the Utility Workers Union of America (UWUA), Local 369 selected by the UWUA who shall be a present or former employee at the PNPS.

(b) Ex officio members shall serve for the duration of their time in office or until a successor has been appointed. Members of the State Legislature shall be appointed for two years or until their successors are appointed, beginning on or before January 15 in the first year of the biennium. Representatives designated by ex officio members shall serve at the direction of the designating authority.

(c) The Commissioner of the Department of Public Utilities shall serve as the Chair until the Panel elects a chair or co-chairs under subsection (d) of this section.

(d) The Panel annually shall elect a chair or co-chairs, and a vice chair, for one-year terms commencing with its first meeting following the effective date of this section.

(e) A majority of the Panel's members shall constitute a quorum. The Panel shall act only by vote of a majority of its entire membership and only at meetings called by the Chair or a Co-Chair or by any five of the members. The person or persons calling the meeting shall provide adequate notice to all its members.

(f) Members of the panel who are not ex officio members, employees of the Commonwealth of Massachusetts, representatives of the PNPS, or members representing towns outside Massachusetts, and who are not otherwise compensated or reimbursed for their attendance shall be entitled to $50.00 per diem and their necessary and actual expenses. Funds for this purpose shall come from the FY 2017 budget.

(g) The Executive Office of Energy and Environmental Affairs shall furnish administrative support for the Panel through an appropriation of $50,000.

(h) The Chair shall:

(1) manage the provision of administrative support to the Panel, including scheduling meetings and securing meeting locations, providing public notice of meetings, producing minutes of meetings, and assisting in the compilation and production of the Panel's annual report described in section 1701 of this title;

(2) keep the Panel informed of the status of matters within the jurisdiction of the Panel;

(3) notify members of the Panel in a timely manner upon receipt of information relating to matters within the jurisdiction of the Panel;

(4) upon request, provide to all members of the Panel all relevant information within the control of the Department of Public Utilities relating to subjects within the scope of the duties of the Panel;

(5) provide workshops or training for Panel members as may be appropriate; and

(6) hire experts, contract for services, and provide for materials and other reasonable and necessary expenses of the Panel as the Commissioner may consider appropriate on request of the Panel from time to time. Funds for this purpose shall come from the FY 2017 Budget.

Section XXXX. Duties

The Panel shall serve in an advisory capacity only and shall not have authority to direct decommissioning of the PNPS. The duties of the Panel shall be:

(1) To hold a minimum of four public meetings each year for the purpose of discussing issues relating to the decommissioning of the PNPS. The Panel may hold additional meetings.

(2) To advise the Governor, the State Legislature, the agencies of the Commonwealth, and the public on issues related to the decommissioning of the PNPS, with a written report being provided annually to the Governor and to the energy committees of the State Legislature.

(3) To serve as a conduit for public information and education on and to encourage community involvement in matters related to the decommissioning of the PNPS and to receive written reports and presentations on the decommissioning of the Station at its regular meetings.

(4) To periodically receive reports on the Decommissioning Trust Fund and other funds associated with decommissioning of or site restoration at the PNPS, including fund balances, expenditures made, and reimbursements received.

(5) To receive reports regarding the decommissioning plans for the PNPS, including any site assessments and post-shutdown decommissioning assessment reports; provide a forum for receiving public comment on these plans and reports; and to provide comment on these plans and reports as the Panel may consider appropriate to State agencies and the owner of the PNPS and in the annual report described in subdivision (2) of this subsection.