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Assembly Bill A5199

2009-2010 Legislative Session

Directs the public service commission to establish a methodology to determine any costs paid by ratepayers in excess of nuclear power plant decommissioning costs

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Archive: Last Bill Status - In Assembly Committee

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2009-A5199 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Service Law
Laws Affected:
Amd ยง5, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:
A1217

2009-A5199 (ACTIVE) - Summary

Directs the public service commission to establish a methodology to determine any costs paid by ratepayers of nuclear electric generating facilities for financial assurance for decommissioning, as required by the nuclear regulatory commission, in excess of the estimated costs thereof; such excess costs already collected are to be returned to ratepayers and are not to be charged in the future.

2009-A5199 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5199

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law,  in  relation  to  returning  to
  ratepayers costs paid by them in excess of estimated costs for nuclear
  electric generating facility decommissioning

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5 of the public service law is amended by adding  a
new subdivision 7 to read as follows:
  7.  A. NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, THE COMMISSION SHALL DEVELOP AND ADOPT A METHODOLOGY FOR DETERMIN-
ING ALL COSTS WHICH WERE OR ARE TO BE PASSED ON TO RATEPAYERS BY  LICEN-
SEES OF NUCLEAR ELECTRIC GENERATING FACILITIES FOR PURPOSES OF FINANCIAL
ASSURANCE  FOR DECOMMISSIONING, PURSUANT TO TITLE 10, PART 50 ET SEQ. OF
THE CODE OF FEDERAL REGULATIONS, IN EXCESS OF THE ACTUAL COSTS OF DECOM-
MISSIONING. IN DEVELOPING SUCH METHODOLOGY, THE  COMMISSION  SHALL  TAKE
INTO  ACCOUNT  AND  STRICTLY SCRUTINIZE THE ROLE OF INFLATION, INTEREST,
ACTUAL COSTS OF DECOMMISSIONING, COST  ADJUSTMENTS,  DEPOSITS  INTO  AND
WITHDRAWALS  FROM ANY AND ALL FINANCIAL ASSURANCE ACCOUNTS FOR DECOMMIS-
SIONING COSTS, AND THE ROLE OF OTHER FACTORS THE COMMISSION DEEMS NECES-
SARY TO ENSURE THAT RATEPAYERS ARE FULLY REIMBURSED FOR ALL SUCH COSTS.
  B. UPON ADOPTING SUCH METHODOLOGY, THE COMMISSION SHALL REQUIRE LICEN-
SEES OF NUCLEAR ELECTRIC GENERATING FACILITIES TO (1) RETURN ANY AND ALL
COSTS WHICH IT DETERMINES, BY USING SUCH METHODOLOGY, WERE PASSED ON  TO
RATEPAYERS  FOR  PURPOSES  OF  FINANCIAL  ASSURANCE  FOR DECOMMISSIONING
COSTS, REQUIRED PURSUANT TO TITLE 10, PART 50 ET SEQ.  OF  THE  CODE  OF
FEDERAL REGULATIONS, IN EXCESS OF THE ESTIMATED COSTS OF DECOMMISSIONING
AND (2) CEASE TO CHARGE OR COLLECT ANY SUCH EXCESSIVE AMOUNTS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08195-01-9

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