Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 39A. RADIATION PROTECTION ACT
CHAPTER 4. FEES
Date:
08/31/2009
Document:
NOTICE: As to repeal of this section where inconsistent with Act 1992, Dec. 18, P.L. 1638, No. 180, see § 17b of said act.
§ 7110.402. Nuclear facility and transport fees
(a) GENERAL RULE.-- Persons engaged in the business of producing electricity utilizing nuclear energy, operating facilities for storing away-from-reactor spent nuclear fuel or fabrication of nuclear reactor fuel or shipping spent nuclear fuel, high-level waste, transuranic waste or a large quantity of radioactive material shall pay fees to cover the costs of the programs related to their activities as required by this act.
(b) Repealed by 1992, Dec. 18, P.L. 1638, No. 180, § 17, imd. effective.
(B.1) DEPARTMENT FEES.--
(1) Within 30 days of the effective date of this subsection, each
person who has a current nuclear power reactor construction permit or
operating license from the NRC for a site within this Commonwealth
shall pay the department $ 100,000 per nuclear power reactor site,
regardless of the number of individual nuclear power reactors located
at the site. By July 1, 2007, and July 1 of each year thereafter, each
person who has a current nuclear power reactor construction permit or
operating license from the NRC for a site within this Commonwealth
shall pay the department an annual fee of $ 550,000 per nuclear power
reactor site, regardless of the number of individual nuclear power
reactors located at the site. For the purposes of this subsection
only, a nuclear power reactor site shall be deemed to be the location
of one or more individual nuclear power reactors which still has spent
nuclear fuel stored onsite, has not been fully dismantled and
decommissioned pursuant to applicable Federal law and regulations and
has not been granted license termination by the NRC.
(2) By July 1 of each year, each person who has applied for or
currently holds a valid license from the NRC to operate an
away-from-reactor spent nuclear fuel storage facility within this
Commonwealth shall pay to the department an annual fee of $ 250,000 per
site.
(3) By July 1 of each year, each person who has approval from the
Department of Energy or has applied for or currently holds a valid
license from the NRC to operate a reactor fuel fabrication facility
within this Commonwealth shall pay to the department an annual fee of $
250,000 per site.
(4) Prior to the date of a shipment that requires an escort, each
shipper of spent nuclear fuel, high-level waste, transuranic waste or a
large quantity of radioactive material who ships to, within, through or
across this Commonwealth shall pay to the department a fee of $ 500 per
individual vehicle shipment or $ 1,000 per railroad or river barge
shipment.
(5) Every three years beginning in 2009, the department shall convene a
working group consisting of personnel from the department selected by
the secretary and an equal number of representatives from the nuclear
facilities selected by the owners of those facilities to review the
nuclear facility fees paid to the department, related issues that may
have an impact on those fees and the expenditures made by the
department in administering its radiation protection programs. This
working group shall issue a report to the General Assembly outlining
its findings of fact and its recommendations relative to the fees
imposed by the department pursuant to this section, including any
individual or minority recommendations from members of the working
group.
(B.2) ACTUAL DEPARTMENT COST RECOVERY.-- The following individual nuclear power reactors shall be subject to actual department cost recovery for decommissioning oversight responsibilities, with these costs to be tracked by site and invoiced to the person holding the NRC reactor license at the end of each Commonwealth fiscal quarter:
(1) Peach Bottom Atomic Power Station, Unit 1.
(2) Three Mile Island Nuclear Generating Station, Unit 2.
The two individual nuclear power reactors specified in this subsection are not subject to the fees described in subsections (b.1)(1) and (c)(1.1).
(c) AGENCY FEES.--
(1) Deleted by 2007, July 13, P.L. 95, No. 31, § 2, imd. effective.
(1.1) (i) Within 30 days of the effective date of this paragraph,
each person who has a current nuclear power reactor construction
permit or operating license from the NRC for a site within this
Commonwealth shall pay the agency, regardless of the number of
individual nuclear power reactors located at the site, $ 100,000 to
be deposited into the Radiological Emergency Response Planning and
Preparedness Program Fund to be collected and used by the agency in
accordance with the provisions of 35 Pa.C.S. § 7320 (relating to
radiological emergency response preparedness, planning and recovery
program) and $ 50,000 to be deposited into the Radiation Emergency
Response Fund to be collected and used by the agency for radiological
emergency response equipment, planning, training and exercise costs
involving nonagency personnel. By July 1, 2007, and July 1 of each
year thereafter, each person who has a current nuclear power reactor
construction permit or operating license from the NRC for a site
within this Commonwealth shall pay the agency the following fees,
regardless of the number of individual nuclear power reactors located
at the site:
(A) $ 200,000 to be collected and used by the agency in accordance
with the provisions of 35 Pa.C.S. § 7320.
(B) $ 150,000 to be collected and used by the agency for
radiological emergency response equipment, planning, training and
exercise costs involving nonagency personnel.
(ii) Payments collected under subparagraph (i)(A) shall be deposited
into the Radiological Emergency Response Planning and Preparedness
Program Fund established pursuant to 35 Pa.C.S. § 7320(c). Payments
collected under subparagraph (i)(B) shall be deposited into the
Radiation Emergency Response Fund. For the purposes of this
subsection only, a nuclear power reactor site shall be deemed to be
the location of one or more individual nuclear power reactors which
still has spent nuclear fuel stored onsite, has not been fully
dismantled and decommissioned pursuant to applicable Federal law and
regulations and has not been granted license termination by the NRC.
(2) By July 1 of each year, each person who has applied for or holds a
current license from the NRC to operate an away-from-reactor spent
nuclear fuel storage facility within this Commonwealth shall pay to the
agency an annual fee of $ 75,000 per site.
(3) By July 1 of each year, each person who has approval from the
Department of Energy or has applied for or holds a current license from
the NRC to operate a reactor fuel fabrication facility within this
Commonwealth shall pay to the agency an annual fee of $ 75,000 per
site.
(4) Prior to the proposed date of a shipment that requires an escort,
each shipper of spent nuclear fuel, high-level waste, transuranic waste
or a large quantity of radioactive material who ships to, within,
through or across the boundaries of this Commonwealth shall pay to the
agency a fee of $ 2,500 per individual vehicle shipment or $ 4,500 per
railroad car or river barge shipment.
(5) Every three years beginning in 2009, the agency shall convene a
working group consisting of personnel from the agency selected by the
director and an equal number of representatives from the nuclear
facilities selected by the owners of those facilities to review the
nuclear facility fees paid to the agency, related issues that may have
an impact on those fees and the expenditures made by the agency in
administering its radiation protection programs. This working group
shall issue a report to the General Assembly outlining its findings of
fact and its recommendations relative to the fees imposed by the agency
pursuant to this section, including any individual or minority
recommendations from members of the working group.
(d) PENNSYLVANIA STATE POLICE FEES.--
(1) Each shipper of spent nuclear fuel, high-level waste, transuranic
waste or a large quantity of radioactive material who ships to, within,
through or across the Commonwealth shall reimburse the Pennsylvania
State Police for the actual costs, as determined by the Pennsylvania
State Police, to provide escort service. If the shipment is canceled
following notification for escort service, the shipper shall compensate
the Pennsylvania State Police at an appropriate rate for total hours of
officers' time.
(2) The Pennsylvania State Police may establish a schedule of fees for
escort and revise such fees on an annual basis. Such fees shall be
published in the Pennsylvania Bulletin.
(e) PENALTIES.-- Any person violating any provision of this chapter shall be subject to the penalties and enforcement provisions of section 309(a) and (b)
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