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PART 1800-DECLARATION OF
PARTY STATE ELIGIBILITY FOR
(c) Nuclear power station means any facility holding a license from the U.S. Nuclear Regulatory Commission under 10 CFR Part 50.
(d) Eristing party states means Connecticut and New Jersey collectively.
8 1800.12 Procedures for declaring a 1800.10 Purpose and scope.
state eligible for membership in the 1800.11 Definitions.
Compact. 1800.12 Procedures for declaring a state eligible for membership in the Compact.
(a) Any state seeking to become an 1800.13 Conditions for becoming an eligible eligible state under the Compact shall party state.
submit to the Chairman of the Com1800.14 Modification to and enforcement of mission six copies of a petition to bethe rules in this part.
come an eligible state. The petition AUTHORITY: Sec. 227, Art. IV(i)(7), Art. shall discuss each of the conditions VII(e), Pub. L. 99-240, 99 Stat. 1842, 1914, 1921- specified in $1800.13 and shall: 1922.
(1) Affirm that the petitioning state SOURCE: 65 FR 30835, May 15, 2000, unless fully satisfies each condition; or otherwise noted.
(2) Explain why the petitioning state
does not or cannot fully satisfy any $ 1800.10 Purpose and scope.
particular condition. Pursuant to Articles IV.i.(1), (7), (15), (b) Upon receipt of a petition from and VII.e. of the Northeast Interstate any state seeking to become an elig Low-Level Radioactive Waste Compact state under the Compact, the Commis(enacted by the "Omnibus Low-Level sion shall publish a notice in accordRadioactive Waste Compact Consent ance with Article I.F.1. of the By Laws Act of 1985," Public Law 99–240, 99 Stat. and shall initiate an adjudicatory pro1842, Title 1) (the “Compact”), the ceeding to act on the petition. Any perNortheast Interstate Low-Level Radio- son may submit written comments on active Waste Commission (the "Com- a petition, and all such comments must mission") establishes through this part be received by the Commission within the conditions that it deems necessary 30 days of notice that a petition has and appropriate to be met by a state been submitted. requesting eligibility to become a (c) The Commission shall evaluate party state to this Compact. The Com- the petition against the conditions for mission shall apply these conditions to declaration of an eligible state specievaluate the petition of any state seek- fied in $ 1800.13. As part of the proing to be eligible to become a party ceeding to evaluate a petition to bestate pursuant to Article VII of the come an eligible state, the Commission Compact.
may, in its discretion, conduct a hear
ing pursuant to Article IV.i.(6) of the $ 1800.11 Definitions.
Compact and Article V.F.1. of the ComThe definitions contained in Article mission's By-Laws. For good cause II of the Compact and Article I.B. of shown, the Commission may issue an the Commission's By Laws shall apply order shortening the notice period for throughout this part. For the purposes hearings provided in Article I.F.1. of of this part, additional terms are de- the By Laws to a period of not less fined as follows:
than ten days. (a) By Laws refers to the Commis- (d) After review of the petition and sion's By Laws as adopted and amended after any hearing, if held, the Commisby the Commission pursuant to Article sion shall issue an order accepting or IV.c. and Article IV.i.(7) of the Com rejecting the petition or accepting the pact, most recently amended on De- petition with conditions. If the Comcember 10, 1998, and dated July 1999; mission accepts the petition without
(b) Person means an individual, cor- conditions, the petitioning state shall poration, business enterprise or other be declared an eligible state and shall legal entity, either public or private, become a new party state upon passage and expressly includes states;
of the Compact by its state legislature,
repeal of all statutes or statutory provisions that pose unreasonable impediments to the capability of the state to satisfy the conditions for eligibility (as determined by the Commission) and payment of (or arrangement to pay) the fee specified in Article IV.j.(1). If the Commission accepts the petition with conditions, the petitioning state may become an eligible state by satisfying all of the conditions in the Commission's order and providing an amended petition incorporating its compliance with all of the conditions in this subpart and in the Commission's order. The Commission will consider the amended petition as part of the original adjudicatory proceeding and will issue a new order accepting or rejecting the amended petition.
(e) A state that submits a petition for declaration as an eligible state that is rejected by the Commission may submit a new petition at any time. The Commission will consider the new petition without reference to the prior petition but may use evidence obtained in any prior proceeding to evaluate the new petition.
(f) The Commission's consideration of a petition for declaration of an eligible state shall be governed by the Compact, the Commission's By Laws, and this part.
(c) To be eligible for Compact membership, a state must warrant the availability of a regional disposal facility that will accommodate 800,000 cubic feet of waste from generators located within the borders of the existing party states.
(d) To be eligible for Compact membership, a state must agree to establish a uniform fee schedule for waste disposal at the regional disposal facility that shall apply to all generators within the region. That uniform fee schedule, including all surcharges (except new surcharges imposed pursuant to Article V.f.3. of the Compact), shall not exceed the avera exceed the average fees that generators within the existing party states paid for disposal at the Barnwell, South Carolina, facility at the end of calendar year 1999, adjusted annually based on an acceptable inflation index.
(e) To be eligible for Compact membership, a state must agree with the existing states that regional generators shall be permitted to process or dispose of waste at sites outside the Compact boundaries based solely on the judgment and discretion of each regional generator.
(f) To be eligible for Compact membership, a state must agree with the existing states that the Commission may authorize importation of waste from non-regional generators for the purpose of disposal only if the host state approves and such importation does not jeopardize the warranted availability of 800,000 cubic feet of disposal capacity for waste produced by generators within the existing party states. A new party state must agree that regional generators shall not pay higher fees than non-regional generators and that all books and records related to the establishment or collection of fees shall be available for Commission review.
(g) To be eligible for Compact membership, in addition to the express limitations on non-host state and Commission liability provided in the Compact, a state must agree to indemnify the Commission or the existing party states for any damages incurred solely because of the new state's membership in the Compact and for any damages associated with any injury to persons or property during the institutional
$ 1800.13 Conditions for becoming an
eligible party state. The Commission shall evaluate a petition to become an eligible party state on the basis of the following conditions and criteria:
(a) To be eligible for Compact membership, a state must agree that it will be the voluntary host state upon admission to the Compact and will continue to be the voluntary host state for a least that period of time until all currently licensed nuclear power stations within the region have been fully decommissioned and their licenses (including any licenses for storage of spent nuclear fuel under 10 CFR Part 72) have been terminated.
(b) To be eligible for Compact membership, a state must agree that, so long as the petitioning state remains within the Compact, it will be the sole host state.
Northeast Interstate Low-Level Radioactive Waste Commission
control period as a result of the radio- (5) 10% of the incentive payment if active waste and waste management the regional facility becomes unavailoperations of any regional facility. Theable on or after January 1, 2009, and petitioning state must agree that this prior to the time when all currently liindemnification obligation will survive censed nuclear power stations within the termination of the petitioning the region have been fully decommisstate's membership in the Compact. sioned and their licenses (including any
(h) To be eligible for Compact mem licenses for storage of spent nuclear bership, a state must agree that any fuel under 10 CFR Part 72) have been incentive payments made by the exist terminated. ing party states as an inducement for a (i) To be eligible for Compact memstate to join the Compact will be re- bership, a state must agree with the turned to the existing party states, existing states that once a new party with interest, on a pro rata basis if, for state has been admitted to membership any reason, the regional disposal facil in the Compact pursuant to the rules ity ceases to be available to generators in this part, declaration of any other in the existing party states for a period state as an eligible party state will reof more than six months (other than quire the unanimous consent of all periods that have been expressly ap members of the Commission. proved and authorized by the Commission) or is unavailable for disposal of $1800.14 Modification to and enforce800,000 cubic feet of waste from genera
ment of the rules in this part. tors within the borders of the existing (a) Because of the importance of the states. In the event of such unavail conditions for declaration of an eligible ability, the new party state must agree state under the Compact, the rules in to return the incentive payments based this part may only be modified, amendon the following schedule:
ed, or rescinded after a public hearing (1) 75% of the incentive payment if held pursuant to Article IV.i.(6) of the the regional facility becomes unavail- Compact and Article V.F.1. of the Comable prior to January 1, 2002;
mission's By Laws and by a unanimous (2) 50% of the incentive payment if vote of all members of the Commission. the regional facility becomes unavail. (b) Any party state may enforce the able on or after January 1, 2002, and rules in this part by bringing an action prior to January 1, 2004;
against or on behalf of the Commission (3) 30% of the incentive payment if in the United States District Court for the regional facility becomes unavail the District of Columbia pursuant to able on or after January 1, 2004, and Article IV.n. of the Compact. prior to January 1, 2006;
(c) If, for any reason, any portion of (4) 20% of the incentive payment if the rules in this part shall be declared the regional facility becomes unavail- invalid or unenforceable, the remainable on or after January 1, 2006, and der of the rules in this part shall reprior to January 1, 2009;
main in full force and effect.
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Material Approved for Incorporation by Reference