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PART 1800-DECLARATION OF (c) Nuclear power station means any
PARTY STATE ELIGIBILITY FOR facility holding a license from the U.S.
Nuclear Regulatory Commission under LEVEL RADIOACTIVE WASTE
10 CFR Part 50. COMPACT
(d) Eristing party states means Con
necticut and New Jersey collectively. Sec.
$ 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 81800.13 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.1.(1), (7), (15), (b) Upon receipt of a petition from and VII.e. of the Northeast Interstate any state seeking to become an eligible 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 (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 pro- (c) To be eligible for Compact memvisions that pose unreasonable impedi- bership, a state must warrant the ments to the capability of the state to availability of a regional disposal facilsatisfy the conditions for eligibility (as ity that will accommodate 800,000 cubic determined by the Commission) and feet of waste from generators located payment of (or arrangement to pay) within the borders of the existing party the fee specified in Article IV.j.(1). If states. the Commission accepts the petition (d) To be eligible for Compact memwith conditions, the petitioning state bership, a state must agree to establish may become an eligible state by satis- a uniform fee schedule for waste disfying all of the conditions in the Com- posal at the regional disposal facility mission's order and providing that shall apply to all generators withamended petition incorporating its in the region. That uniform fee schedcompliance with all of the conditions ule, including all surcharges (except in this subpart and in the Commis- new surcharges imposed pursuant to sion's order. The Commission will con- Article V.f.3. of the Compact), shall not sider the amended petition as part of
exceed the average fees that generators the original adjudicatory proceeding within the existing party states paid and will issue a new order accepting or for disposal at the Barnwell, South rejecting the amended petition.
Carolina, facility at the end of cal(e) A state that submits a petition
endar year 1999, adjusted annually for declaration as an eligible state that
based on an acceptable inflation index. is rejected by the Commission may
(e) To be eligible for Compact memsubmit a new petition at any time. The
bership, a state must agree with the Commission will consider the new peti
existing states that regional generation without reference to the prior pe
tors shall be permitted to process or tition but may use evidence obtained
dispose of waste at sites outside the in any prior proceeding to evaluate the
Compact boundaries based solely on new petition.
the judgment and discretion of each re(f) The Commission's consideration
gional generator. of a petition for declaration of an eligi
(f) To be eligible for Compact mem
bership, a state must agree with the ble state shall be governed by the Compact, the Commission's By Laws, and
existing states that the Commission this part.
may authorize importation of waste
from non-regional generators for the $ 1800.13 Conditions for becoming an
purpose of disposal only if the host eligible party state.
state approves and such importation
does not jeopardize the warranted The Commission shall evaluate a pe
availability of 800,000 cubic feet of distition to become an eligible party state
posal capacity for waste produced by on the basis of the following conditions
generators within the existing party and criteria:
states. A new party state must agree (a) To be eligible for Compact mem- that regional generators shall not pay bership, a state must agree that it will higher fees than non-regional generabe the voluntary host state upon ad- tors and that all books and records remission to the Compact and will con- lated to the establishment or collectinue to be the voluntary host state for tion of fees shall be available for Coma least that period of time until all mission review. currently licensed nuclear power sta- (g) To be eligible for Compact memtions within the region have been fully bership, in addition to the express limidecommissioned and their licenses (in- tations on non-host state and Commiscluding any licenses for storage of sion liability provided in the Compact, spent nuclear fuel under 10 CFR Part a state must agree to indemnify the 72) have been terminated.
Commission the existing party (b) To be eligible for Compact mem- states for any damages incurred solely bership, a state must agree that, so because of the new state's membership long as the petitioning state remains in the Compact and for any damages within the Compact, it will be the sole associated with any injury to persons host state.
or property during the institutional
Northeast Interstate Low-Level Radioactive Waste Commission
(5) 10% of the incentive payment if the regional facility becomes unavailable on or after January 1, 2009, and prior to the time when 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.
(i) To be eligible for Compact membership, a state must agree with the existing states that once a new party state has been admitted to membership in the Compact pursuant to the rules in this part, declaration of any other state as an eligible party state will require the unanimous consent of all members of the Commission.
control period as a result of the radioactive waste and waste management operations of any regional facility. The petitioning state must agree that this indemnification obligation will survive the termination of the petitioning state's membership in the Compact.
(h) To be eligible for Compact membership, a state must agree that any incentive payments made by the existing party states as an inducement for a state to join the Compact will be returned to the existing party states, with interest, on a pro rata basis if, for any reason, the regional disposal facility ceases to be available to generators in the existing party states for a period of more than six months (other than periods that have been expressly approved and authorized by the Commission) or is unavailable for disposal of 800,000 cubic feet of waste from generators within the borders of the existing states. In the event of such unavailability, the new party state must agree to return the incentive payments based on the following schedule:
(1) 75% of the incentive payment if the regional facility becomes unavailable prior to January 1, 2002;
(2) 50% of the incentive payment if the regional facility becomes unavailable on or after January 1, 2002, and prior to January 1, 2004;
(3) 30% of the incentive payment if the regional facility becomes unavailable on or after January 1, 2004, and prior to January 1, 2006;
(4) 20% of the incentive payment if the regional facility becomes unavailable on or after January 1, 2006, and prior to January 1, 2009;
$ 1800.14 Modification to and enforce
ment of the rules in this part. (a) Because of the importance of the conditions for declaration of an eligible state under the Compact, the rules in this part may only be modified, amended, or rescinded after a public hearing held pursuant to Article IV.i.(6) of the Compact and Article V.F.1. of the Commission's By Laws and by a unanimous vote of all members of the Commission.
(b) Any party state may enforce the rules in this part by bringing an action against or on behalf of the Commission in the United States District Court for the District of Columbia pursuant to Article IV.n. of the Compact.
(c) If, for any reason, any portion of the rules in this part shall be declared invalid or unenforceable, the remainder of the rules in this part shall remain 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