PRINTER'S NO. 4057
No. 2908 Session of 1996
INTRODUCED BY GEORGE, LEVDANSKY, KUKOVICH, READSHAW, JAROLIN,
DeLUCA, TRELLO, VAN HORNE, PISTELLA, CLARK, MERRY, GORDNER,
RAMOS, YOUNGBLOOD, SHANER, BOSCOLA AND CAPPABIANCA,
OCTOBER 1, 1996
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 1, 1996
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for electric utility
3 payments to the Nuclear Waste Fund.
4 The General Assembly finds and declares as follows:
5 (1) The Nuclear Waste Policy Act of 1982 (Public Law 97-
6 425, 42 U.S.C. § 10101 et seq.) created the Nuclear Waste
7 Fund for the express purpose of constructing a permanent,
8 centralized repository for high level nuclear waste and spent
9 fuel rods.
10 (2) The Nuclear Waste Fund is financed through a 1 mil
11 per kilowatt hour charge upon those customers of electric
12 utilities that operate nuclear power generating plants.
13 (3) Despite revenues exceeding $12,000,000,000, the
14 Department of Energy estimates that a centralized repository
15 will not be operational before 2010.
16 (4) That 66 Pa.C.S. § 1301 (relating to rates to be just
17 and reasonable) requires that the commission ensure that
1 every rate made, demanded or received by any public utility
2 be just and reasonable.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 66 of the Pennsylvania Consolidated
6 Statutes is amended by adding a section to read:
7 § 531. Electric utility payments to the Nuclear Waste Fund.
8 (a) Escrow account established.--Within 60 days of the
9 effective date of this act, the commission shall promulgate
10 regulations establishing an escrow account to which payments
11 presently being made to the Nuclear Waste Fund shall be
12 diverted. The regulations shall include, but not be limited to,
13 establishing the custodian for the escrow account and procedures
14 for the commission to release funds from the account.
15 (b) Recovery from ratepayers.--For the express purpose of
16 implementing this section, a public utility shall not be
17 permitted to recover from ratepayers any costs associated with
18 the payments into the escrow account established by subsection
19 (a) until such time as the commission has promulgated
20 regulations which set forth criteria for release of the funds.
21 (c) Release of escrowed funds.--The commission shall examine
22 and report to the General Assembly within 120 days of the
23 effective date of this act on the criteria for release of funds
24 in the escrow account established in subsection (a). Criteria
25 for release of funds shall include, but not be limited to,
26 measurable progress toward solving the high-level radioactive
27 waste disposal problem and future use of ratepayers'
28 contributions to finance high-level radioactive waste disposal.
29 Section 2. This act shall take effect in 60 days.
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