PRINTER'S NO. 3963
No. 2804 Session of 1990
INTRODUCED BY YANDRISEVITS, MELIO, RYBAK, PESCI, VEON, PISTELLA,
JOSEPHS, BELARDI AND KUKOVICH, JULY 1, 1990
REFERRED TO COMMITTEE ON CONSERVATION, JULY 1, 1990
AN ACT
1 Amending the act of July 10, 1984 (P.L.688, No.147), entitled
2 "An act combining the radiation safety provisions of The
3 Atomic Energy Development and Radiation Control Act and the
4 Environmental Radiation Protection Act; empowering the
5 Department of Environmental Resources to implement a
6 comprehensive Statewide radiation protection program; further
7 providing for the power of the Environmental Quality Board
8 and for the duties of the Environmental Hearing Board;
9 expanding the authority of the department to regulate other
10 radiation sources; providing for radiation emergency
11 response; establishing requirements for transport of spent
12 reactor fuel; establishing fees; providing penalties; making
13 repeals; and authorizing and directing the Department of
14 Environmental Resources and the Governor to convey ownership
15 to the Carl A. White Acid Mine Drainage Treatment Plant,
16 situated in Washington Township, Indiana County,
17 Pennsylvania, to the County of Indiana, subject to a right of
18 reverter for stated conditions," increasing the fees paid by
19 the nuclear power industry to cover increased costs related
20 to nuclear reactor safety, environmental radiation monitoring
21 and radiation emergency response.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Sections 102 and 402(b) of the act of July 10,
25 1984 (P.L.688, No.147), known as the Radiation Protection Act,
26 are amended to read:
27 Section 102. Legislative findings.
1 (a) General rule.--The General Assembly hereby determines,
2 declares and finds that, since radiation exposure has the
3 potential for causing undesirable health effects, the citizens
4 of the Commonwealth should be protected from unnecessary and
5 harmful exposure resulting from use of radioactive materials,
6 radiation sources, accidents involving nuclear power and
7 radioactive material transportation. It is the purpose of this
8 act to:
9 (1) Establish and maintain a comprehensive program of
10 radiation protection in the Department of Environmental
11 Resources.
12 (2) Provide for the licensing and regulation in
13 cooperation with the Federal Government, other State agencies
14 and appropriate private entities of radiologic equipment and
15 procedures.
16 (3) Maintain a comprehensive environmental radiation
17 monitoring program around nuclear power plants and at other
18 locations throughout the Commonwealth.
19 (4) Establish a nuclear safety program to make
20 evaluations of all nuclear power plants in the Commonwealth,
21 such evaluations restricted to the specific use of the
22 Secretary of Environmental Resources and his designees
23 authorized by law for the purpose of informing the Governor,
24 the General Assembly and concerned and affected Federal,
25 State and local government organizations. It is not the
26 intent of the act to duplicate or conflict with any aspect of
27 the exclusive Federal regulatory authority applicable to
28 nuclear power plants and licensed plant operators but rather
29 to provide the Commonwealth with requisite, qualified
30 professional nuclear expertise to maintain a competent and
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1 continuing awareness of nuclear power plant activities
2 throughout this Commonwealth and to exclusively employ that
3 expertise for the appropriate and authorized needs of the
4 Commonwealth when such activities may have a significant
5 potential for consequences beyond the site of a nuclear power
6 plant. Accordingly, except as expressly and directly stated,
7 none of the provisions of Chapter 3 are applicable to nuclear
8 power plants and licensed plant operators.
9 (5) Maintain a technical emergency radiation response
10 capability within the Department of Environmental Resources,
11 in conjunction with the Pennsylvania Emergency Management
12 Agency, to respond to accidents at nuclear power plants or at
13 any other location throughout the Commonwealth.
14 (6) Assume licensing and regulatory responsibility for
15 radioactive materials from the Federal Government. This act
16 shall not authorize the department to license or operate low-
17 level radioactive waste disposal sites.
18 (7) Carry out comprehensive remedial action programs.
19 (8) Establish in the Pennsylvania Emergency Management
20 Agency a comprehensive radiation emergency response program
21 supported by fees from the nuclear industry.
22 (9) Establish a Radiation Transportation Emergency
23 Response Plan and Procedures for notification of spent
24 nuclear fuel shipments, Pennsylvania State Police escort and
25 establishing fees.
26 (10) Establish fees.
27 (11) Provide for notification by nuclear power facility
28 operating licensees of municipalities within the vicinity of
29 nuclear power facilities of unusual radioactivity.
30 (b) Additional findings.--The General Assembly further
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1 determines, declares and finds that:
2 (1) The costs of the programs mandated by this act
3 related to nuclear power safety, environmental radiation
4 monitoring and radiation emergency response have risen as a
5 result of inflation and other costs including supplemental
6 monitoring around Three Mile Island which were not
7 anticipated at the time of the enactment of this act.
8 (2) Nuclear power safety, environmental radiation
9 monitoring and radiation emergency response programs mandated
10 by this act are necessary to protect the public health and
11 safety.
12 (3) The nuclear power industry in this Commonwealth
13 benefits by the activities carried out by the Department of
14 Environmental Resources under this act.
15 (c) Additional purpose.--The General Assembly therefore
16 further establishes that it is the purpose of this act to
17 increase the fees paid by the nuclear power industry to the
18 Department of Environmental Resources to carry out the
19 provisions of this act relating to nuclear power safety,
20 environmental radiation monitoring, including increased
21 monitoring around Three Mile Island, and radiation emergency
22 response.
23 Section 402. Nuclear facility fees.
24 * * *
25 (b) Department fees.--[Each person who has received a
26 nuclear power reactor facility construction permit or operating
27 license from the NRC shall pay to the department within 30 days
28 of the effective date of this act and by July 1 of each year an
29 annual fee of $150,000 per power reactor, regardless of the
30 number of reactors per site.]
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1 (1) Each public utility which has ever received from the
2 NRC a nuclear power facility construction permit or operating
3 license in this Commonwealth shall pay to the department an
4 annual fee per reactor as follows:
5 Within 30 days of the effective
6 date of this paragraph $50,000 per reactor
7 July 1, 1990 and July 1
8 of each year thereafter $250,000 per reactor
9 (2) The department shall periodically, by regulation,
10 adjust such fees to accomplish the purposes and provisions of
11 this act.
12 (3) Persons licensed by the NRC to possess but not
13 operate the following nuclear reactor facilities shall be
14 exempt from the requirements of this section: Saxton Nuclear
15 Experimental Corporation Reactor and Peach Bottom Atomic
16 Power Station, Unit 1.
17 * * *
18 Section 2. This act shall take effect immediately.
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