Amendment #1005 to H4400

Pilgrim Nuclear Power Station (PNPS) Decommissioning

Representatives Muratore of Plymouth, Whelan of Brewster, Calter of Kingston, Cutler of Duxbury, Crocker of Barnstable, D'Emilia of Bridgewater, Vieira of Falmouth, Smizik of Brookline, Peake of Provincetown, Provost of Somerville, Balser of Newton, Gentile of Sudbury, Fernandes of Falmouth, Hunt of Sandwich, Meschino of Hull and Gifford of Wareham move to amend the bill by adding the following 5 sections:

"SECTION 1. Line item 1100-0100 is hereby amended by inserting the following language:- “ provided further that not less than $500,000 shall be expended for an interagency working group which, in consultation with the nuclear decommissioning citizens advisory panel established under section 14 of chapter 188 of the Acts of 2016, shall examine and implement the recommendations of the nuclear decommissioning citizens advisory panel relative to preparedness requirements and funding, site restoration, ongoing monitoring standards and reporting, environmental protection requirements, comprehensive financial standards and bill-back payments from Entergy, and its successors, to reimburse the Commonwealth for expenses required to monitor post-shutdown, closure and decommissioning activities; provided further that the working group shall have the authority to represent the commonwealth in negotiations or communications with the Nuclear Regulatory Commission and Entergy and its successor; provided further that the working group shall include designees of relevant secretariats, departments, divisions or agencies of the commonwealth, including but not be limited to: the executive office of energy and environmental affairs; the executive office of health and human services; the department of public safety; the department of public utilities; the department of environmental protection, Massachusetts Emergency Management Agency; and the department of public health; provided further that funds may be expended for the working group to hire experts, contract for services, and provide for materials and other reasonable and necessary expenses of the working group.

SECTION 2. Line item 8800-0100 is hereby amended by inserting after the words “nuclear power generating facilities,” the following:-

“or inactive nuclear power generating facilities that harbor spent nuclear fuel or high-level radioactive waste, provided that these costs shall not be assessed against inactive facilities that store all spent nuclear fuel and high-level radioactive waste in dry cask storage systems licensed by the Nuclear Regulatory Commission”

SECTION 3. Section 2B of chapter 639 of the acts of 1950 is hereby amended by striking the first paragraph and inserting the following:-

“The director shall designate certain areas of the commonwealth as “nuclear power plant areas.” For the purposes of this section, said areas shall consist of all communities located within a ten mile radius of any nuclear power plant or inactive nuclear power plant; unless all spent nuclear fuel or high-level radioactive waste at the facility is stored in dry cask storage systems licensed by the Nuclear Regulatory Commission. This designation shall apply whether or not said power plant is located within the commonwealth.”

SECTION 4 . Section 5K of chapter 111 of the General Laws is hereby amended by striking subpart (E) and replacing with the following:

“(E) The department is hereby authorized to make assessments against the owners or operators of each existing and proposed nuclear power plant in the commonwealth, or sufficiently near the commonwealth that it could pose potential health risks to the commonwealth's residents in the event of an incident, in an amount equal to the costs incurred in the prior fiscal year by the department's radiation control program in the performance of its duties under this section. Such assessments may be made against active facilities, or inactive nuclear power generating facilities that harbor spent nuclear fuel or high-level radioactive waste, provided that these costs shall not be assessed against inactive facilities that store all spent nuclear fuel and high-level radioactive waste in dry cask storage systems licensed by the Nuclear Regulatory Commission. The department is hereby further authorized to make a collection, based on that assessment, of monies from said owners or operators of nuclear power plants to defray the cost of such activities. For active facilities, said amount shall not exceed $180,000 per annum, per facility; for inactive facilities that harbor by-product material, spent nuclear material, nuclear fuel, spent nuclear fuel, or other nuclear material in a spent fuel pool or other storage structure, said amount shall not exceed $250,000 per annum, per facility. The collection may be expended for any active or inactive facility described above, including, but not be limited to, facilities located in the town of Rowe and in the town of Plymouth, and in Seabrook, New Hampshire. The department shall send notice of its assessment to the individual company against which the assessment is made, and said company shall pay such assessment within 30 days of the notice of the assessment; provided, however, that such company shall have a reasonable opportunity to submit objections concerning said assessment to the department for review. If, after completion of such review, the department determines the assessment is valid, the department shall issue a demand for such assessment, and the company against which such assessment is made shall pay such assessment immediately. If a company subject to assessment under this section fails to pay the assessment within 30 days of the notice of the assessment, or fails to pay the demand for assessment upon completion of the final review, whichever occurs later, the department may refer such matter to the department of revenue for the collection of the assessment in accordance with applicable enforcement provisions pursuant to chapter 62C. The amount so collected shall be deposited into the General Fund and credited to the department.”

SECTION 5. Section 5N of chapter 111 of the General Laws is hereby amended by adding the following paragraph:-

“There shall be a radiological cleanup standard not to exceed a 10 millirem annual public dose for all communities located within a 25 mile radius of any inactive nuclear power plant, unless all spent nuclear fuel or high-level radioactive waste at the facility is stored in dry cask storage systems licensed by the Nuclear Regulatory Commission. To ensure these requirements will be met, at the time of transfer of all or any part of the inactive nuclear power plant, the operator of the nuclear power plant shall submit a proposed compliance document to the radiation control program of the department of public health which: (i) describes the methods for achieving compliance with the aforementioned criteria; (ii) outlines a protocol to confirm achievement of these standards after any necessary remediation; and (iii) provides assurances those obligations will be met in the event that the site is sold to a third party. If the department of public health, or other agency designated by the commonwealth to monitor and measure radiation exposure, determines that the radiation exposure to any community within a 25 mile radius of an inactive nuclear power plant exceeds a 10 millirem annual public dose, the inactive power plant shall be subject to a fee to be established by the department of public health.”

Additional co-sponsor(s) added to Amendment #1005 to H4400

Pilgrim Nuclear Power Station (PNPS) Decommissioning